Part-time exempt employee going to full-time with no salary adjustment

[RCoutts]

OH

Can I legally make a part-time exempt employee go from 4 to 5 days/week and not adjust their salary accordingly?

 

[eerelations]

Yes.

You sure this person is exempt? Is he/she making at least $455 per week, and all that other stuff?

 

[justalayman]

part time really exudes non-exempt. Obviously not a determining factor because there is no legal definition of "part time" but most folks working part time do not fulfill the requirements to be considered exempt.


what does this person do and how much per week do they earn?

 

[cbg]

IF the employee was truly exempt at full time, AND the duties have not changes, AND the employee is still making a guaranteed $455 per week, then he can still be exempt.

But you cannot pro-rate the salary requirement. It remains $455 regardless of the full or part time status.

 

[pattytx]

part time really exudes non-exempt. Obviously not a determining factor because there is no legal definition of "part time" but most folks working part time do not fulfill the requirements to be considered exempt.

Not really. Although it may be uncommon, as long as the duties and salary requirement (not pro-rated) are met, an employee can be treated as nonexempt no matter how few hours are worked/expected.

 

[justalayman]

Not really. Although it may be uncommon, as long as the duties and salary requirement (not pro-rated) are met, an employee can be treated as nonexempt no matter how few hours are worked/expected.

I know what you are saying but most of the time somebody states a person is part time, the implication is they are not a highly paid salaried employee. Even you state it is "uncommon" and that is basically all I said.

most folks working part time do not fulfill the requirements to be considered exempt.

and that is one reason I followed with the questions that would need to be answered to attempt to ascertain if the employee is in fact exempt.

 

[cbg]

I don't agree. I've had part time exempt employees. The fact that they may be working less than a full work week does not relate to their duties or their pay.

 

[justalayman]

I don't agree. I've had part time exempt employees. The fact that they may be working less than a full work week does not relate to their duties or their pay.

and did I say anything opposing that?

no.





I did not say it was definitive. I said it was generally indicative of the greater possibility the person is not exempt and I still believe that. Only if you experience more employees referred to as part time that can be considered to be exempt would my opinion even be without support from your position.





So, IN MY OPINION, when a person states the employee is "part time", it generally refers to an employee that cannot be considered to be exempt.

. It's my opinion and it was my opinion when I first stated it whether I announced it to be my opinion or not. The fact I specifically stated the amount of hours was irrelevant would show that I was not presenting it to be supportive in a factual or definitive manner.

 

[cbg]

most of the time somebody states a person is part time, the implication is they are not a highly paid salaried employee

I don't know how else to interpret this.

 

[ecmst12]

Back to the OP's question....

It may be legal for you to do this....but it will definitely piss the employee off.

 

[RCoutts]

Yes, this employee is does meet the criteria for exempt. They are definitely exempt. So, my question is, Does the employee have any legal recourse if we do this?

 

[ecmst12]

They can quit.