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Recent Salaried Exempt questions

I have an employee who is classified as exempt now for

I have an employee who is classified as exempt now for working in computer related profession. They do qualify for the exemption as their primary duties do include design, talking with end users, determining needs, etc... The new FLSA salary requirement, my employer is not wanting to increase salary though the job they meet the job requirement qualifier. They just want to change the classification to non-exempt. They indicate that the salary qualifier is the first and primary qualifier. If they fail on that count then the classification must be changed. My understanding is that the first qualifier should be the job description.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,064 satisfied customers
I was hired as an Executive Chef in the state of Illinois at

I was hired as an Executive Chef in the state of Illinois at a new retirement community. In the time I have been here they have refused to allow me to hire any staff except one unqualified person who I did not hire. Things have gotten bad and I am burning out. They want me to continue to work 50-60 hour weeks. Now, here is my question. I looked at the Federal Labor Laws and what defines "exempt" and it talks about meeting three criteria. I meet the first two pertaining to salary but, as an executive, do not meet any others. I do not have the equivalent of two employees, I do not have the ability to hire or fire, I am not allowed to make executive decisions. Do they need to be paying me overtime?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,064 satisfied customers
We work for a private school in California where we are

We work for a private school in California where we are required to take an off duty meal time no later than 5 hours from the start of our shift. unfortunately, that's when we are either setting up for lunch or feeding staff and kids. we originally all signed voluntary waivers saying that we cold take lunch after the 5 hour period. due to california law, our employer revoked the waivers. we now work 6 hour shifts, with voluntary mealtime waivers. they did keep our annual salary the same despite the reduction of hours, but it's EXTREMELY difficult to get all our work done in the reduced time frame. Is there a way to get back the 8 hour shift, with the lunch waivers? our employer never said we couldn't take a lunch, it's just the nature of our work requires us to be on the working during the time most of us would have to take our meal break.

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Patrick, Esq.

Doctoral Degree

17,800 satisfied customers
My employer doesn't acknowledge or reward work done outside

my employer doesn't acknowledge or reward work done outside the office off hoursJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: but expects itJA: Have you talked to a lawyer yet?Customer: NYJA: Anything else you think the lawyer should know?Customer: no

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Patrick, Esq.

Doctoral Degree

17,800 satisfied customers
At my current job- "keeping employees" is a problem. They

at my current job- "keeping employees" is a problem. They are short staffed and people are being "forced" to work mandatory overtime. If this was every "once in a while; tht'd be one thing.... but 3 days straight- they (the employer) had to manitory the whole day shift... about 30 people. Just last week, I was forced to work 21 straight hours and was expected to return the next morning for my sift.This may sound petty; but is there anything that can be done?Staff are tired and people can't keep this up indefinably! We've been being told... it'll get better... it just needs time. It's been this way for bot 3 monthyour advise would be appreciated.Thank you,Marcy

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ScottyMacEsq

Doctoral Degree

22,674 satisfied customers
The youth director of our church is an exempt employee. He

The youth director of our church is an exempt employee. He is taking the church youth to summer camp and will be responsible for them for seven days. How should he be paid during this time? How would he be paid if he were a non-exempt employee?

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LawTalk

Attorney at Law

Juris Doctor

32,996 satisfied customers
We own a pre-k to first grade and we need clarification on

We own a pre-k to first grade and we need clarification on the newly enacted overtime law. If our exempt teachers and administrative employees come in after school hours for a staff meeting, training or "house keeping" ,once a month for one hour, would they qualify for "overtime pay" under the new OT rules. Also, the same on clarification if they come in for an event on weekends, do the extra hours qualify them for overtime?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,064 satisfied customers
I am currently employed as a Project Manager, salaried,

I am currently employed as a Project Manager, salaried, exempt. When I started with the company in June 2013, we were a start up and everyone wore many hats. I became an integral part of a job monitoring fraud which included nights and weekends and holidays. We have since been bought out by a large billion dollar company with 23K employees and I was told that the duties of Fraud would be moved to a different division. That was a year ago and despite my request for a timeline for this transition, I am told that they can't do anything about it and that I have to remain doing this job in addition to what I was hired to do (Project Manage). This past Christmas I worked 17-hour days for nearly a month with no compensation either financially or in comp time. Despite it not being in my job description I was only given a "meets expectations" job review which was tied into my bonus. I am told that I don't have a choice, although others who are supposed to take this over are allowed to refuse to do it. Three years of not being able to take a holiday (I have had 6 holidays in 3 years - should have been 27 paid holidays) and I was not able to take an alternate holiday either. I am at the end of my rope and feel they are pushing me into a position where I need to hire a lawyer to represent me. I have had meetings, have requested a transitional time line, have expressed that I will no longer be able to fulfill this role after the end of the second quarter this year. That was denied. I feel like an indentured slave to this 24-hour a day fraud monitoring system. I took it on early and apparently was proficient and they just figured as long as someone is doing it, why change? I was given dates when the position would be taken over by others in this large corporation only to see those dates come and go with no change. I am at the point where I have anxiety attacks just thinking about having to continue reviewing orders for possible fraud. At the very least, I feel I am owed money or comp time for the ridiculous hours I was forced to work between Thanksgiving and Christmas (I had meeting months prior to the holidays telling my boss that we were not prepared and they did nothing - which meant I had to fill in all the gaps). The state of CA has only certain exemptions that allow employers to not pay overtime to salaried employees and I don't believe I fall into those exemptions (closest would be the Administrative exemption). I would like to get a consultation to discuss this..do you think I have a leg to stand on?

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TJ, Esq.

Juris Doctor (JD)

10,834 satisfied customers
Can an exempt employee be paid hourly rather than weekly

Can an exempt employee be paid hourly rather than weekly salary as long as the 40 hours is covered (before Overtime)? Or does exempt employee have to be salary?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,064 satisfied customers
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