Exempt vs Non-exempt

[Sinta]

What is the name of your state (only U.S. CO law)?

Have an employment law issue of a manager in a medical office that meets with patients on a really regular basis. The women works about 90 hours a week or close to it with no over time pay because they claim she ie exempt. I was under the impression that seeing the patients would destroy that adminstriative exception. Is that true?

Thanks in advance.

 

[pattytx]

What else does this "manager" do? Meeting with patients about what? And are these meetings one of her primary duties?

BTW, meeting with patients does not, in and of itself, void the Administrative exemption. There are other exempt classifications, anyway.

 

[eerelations]

Yeah, hospital administrators meet with patients all the time, and they're sure as heck exempt.

 

[Sinta]

She does everything that a regular manager does, hirers, fires etc. I think with out seeing the patients; she would fall cleanly under the exception but know people that do what she does, like researchers and stuff, get paid hourly and I was wondering if that applied to her.

 

[cbg]

I don't know where you are getting the idea that meeting with patients makes it a non-exempt position but there are plenty of exempt positions that involve meeting with patients. Doctors, for example.

What is it about meeting with patients that makes you think the exemption is destroyed?

 

[ArmyRetCW3]

She does everything that a regular manager does, hirers, fires etc. I think with out seeing the patients; she would fall cleanly under the exception but know people that do what she does, like researchers and stuff, get paid hourly and I was wondering if that applied to her.

The applicable exemption the FLSA 13(a)1 or commonly known as 541 exemption requires a payment of a salary of at least $455 a week. If I read the post correctly, it appears that she is paid on an hourly basis, then the 541 exemption would not be applicable.

 

[cbg]

It doesn't sound to me as if she is paid hourly. It sounds to me as if the poster is saying that others with similar duties are paid hourly.

 

[eerelations]

The OP really needs to explain what he/she means by "meeting with patients" - I know we've asked that at least several times, maybe he/she will eventually provide this most necessary information.

 

[Sinta]

Sorry allow me to explain in greater detail. She is the manager of large doctor's office. She works like 60 hour weeks sometimes more. As the manager she does all the duties that manager does, hires, fires etc. But she also has a ton of patient interaction answering phones, taking blood pressure and patient histories etc. She spends about half her time doing this and I was wondering if their might be a cause of action to collect back overtime because a big chuck of her work doesn't fall under the Adminstrative exception. That might not be the case but I know that classifying employees can be tricky business.

 

[pattytx]

The Administrative classification IS one of the grayest. However, in the last major FLSA update, the law was changed to "primary responsibilities" irrespecrive of the time actually spent in those duties.

Not saying a claim wouldn't work, but it's harder than it used to be.

 

[Sinta]

Umm...thats what I seemed to find as well. So if they fall under primary work duties it doesn't matter what they actually do? That does make it harder doesn't it.