Employment Law Questions? Ask an Employment Lawyer.
Hello, you are most likely correct however if H/R told you that you were non exempt they must have had your job evaluated and determined that you were non exempt. You can not just change someone title just to avoid paying overtime.
Now some executive assistants are exempt and you should have your job evaluated to determine your status. Alot will have to do with what your job duties are and what supervision you work under.From what you described you are correct but I have no way to validate your job content and whether you manage others, etc. There are many people in your role but they have a wider job scope. I hope this has helped if so click accept.
I thought you stated H/R deemed you as non exempt and the CEO stated you were exempt. ???? You need to discuss your position with H/R. they are in a better situation to determine your status. However they may agree with the CEO because of the power.
IF you are non exempt and has been for the past two years you would be eligible to receive all time worked over 40 hours upto two years. However I would not think your company would not just pay you that unless forced under FLSA
Thanks for the clarification, now it makes sense.Now if you have a written offer letter that stated you were being offerred the position as a non exempt employee and the employer did not admend the offer letter until now, then you have been mis classified for a year.
. However there are three types of employees that may quailfy for exemption as adminstrative employees, the first type acts as the assistant to an executive, proprietor,adm employee who does not him/her self have executive authority. Typical titles of persons in this group are executive assistant to the president, CEO.. this would be your position. The other would be staff employees, and those who perform special assignments. IT appears you never should have been non exempt but exempt. Your job qualifies you for exempt status. Therefore you are not eligible for overtime. Now the question will be will your employer offer you an ajustment because you were not classified correctly.