Exempt to Non--Exempt
sambu
23 Posts
An exempt employee resigned and we are considering changing the position to non-exempt due to the duties/responsibilities involved. We will also change the job description. Any problems with this? Thanks.
Comments
Firstly, an employer may even deem an exempt position to be non-exempt. And you're doing it at the right time: when the old employee leaves the position and before the new employee comes on board.
And you say that you're changing duties. I assume that the orignal exemption was correct and now that the duties will change job becomes non-exmept. So, that is even better.
You may get some flack from the old employee if he or she becomes aware of what you did. So, you may have to explain to the old emplyee that he or she didn't do non-exempt work. And of course, that may then get DOL involved if the old employee wants to challenge it. So, be prepaed at least to explain to DOL why you did what you did and how the poistion while the old emplyee was on it was properly classified as exempt.
But other than that, I don't see anything wrong in changing the position from exempt to non-exempt at this time.