Salaried Non-Exempt Human Resources Administrator
ladyzuesse
62 Posts
Management has decided to change two of our supervisors to salaried non-exempt, and have thrown my position into this catagory as well mainly I think, because we all report to the same person. Are there other salaried/nonexempt HR folks out there? Title is HR Administrator, in reality I am benefits clerk and safety program administrator - not much independent judgement or policy development going on, management makes the decisions, I do as I'm told but make the occasional recommendation trying to keep them out of hot water. SO here's the question. Salaried nonexempt: should we get sick days, like hourly nonexempts, (exempts don't have sick days - they are just not here and still get paid) and if time falls below 40 hours (ie, out for an appointment all day) do we deduct the hourly wage rate from the salaried amount? And in that case, what is the point of being salaried?
Help me, I'm confused.
ladyzuesse
aka
Tammy Colson
Help me, I'm confused.
ladyzuesse
aka
Tammy Colson
Comments
If you're deducting money on an hourly basis when the hours fall below 40 then you're not exempt. All that's being done is storing up a FLSA lawsuit (with liquidated damages) for the future as DOL, and the courts, would be almost certain to find that you're an hourly employee who was not paid for all the hours that you actually worked. You may want to have management provide more justification before they simply lump you into an exempt category, especially given the job description that you provided.
On the other hand, there is nothing magical about HR jobs, they can be either exempt or non-exempt depending upon the job that they actually do.
I hope that this helps.
John
Bascially, in those weeks where the employee is absent, the salary is kept the same and the hourly rate is increased. Overtime is paid because of the non-exempt status, but how it is calculated depneds on what hours the salary is suppose to cover.
There are provisions in FLSA regulations that address salaried non-exempts:
Take a look at the Code of Federal Regulaitons, Volume 29, Sections 778.113, .114, .304, .306, .322 and .323.
The link is:
[url]http://www.access.gpo.gov/nara/cfr/waisidx_02/29cfr778_02.html[/url]
I agree, lawsuit in the making - and polishing the old resume for many other reasons as well.
Ya'll are such a help with these things. The FLSA rule will help me to at least justify my action in regard to time less than 40 hours.
Tammy