How to correct Exemt/NonExempt Status

Ettelok

We are a small city. We have 12-15 employees who have always been classified as Non-Exempt and have received overtime. These positions are clearly Exempt positions. I would like to correct this situation, but reclassification would mean no overtime and these employees would not be happy. I would like to ask City Council for a slight increase in salary for these employees to compensate them for the extra time that is sometimes required in their jobs. Other than simply notifying them of their new status, any ideas on how to go about this as painlessly as possible?

Thanks.

Hatchetman

[font size="1" color="#FF0000"]LAST EDITED ON 02-03-04 AT 04:57PM (CST)[/font][br][br]Assuming the determination that they should be exempt is accurate, remember there is no requirement that you make them exempt.

The difficulty of what you will face if you do change to exempt depends in part whether your city implements "5d" of the FLSA provisions related to exempt, salaried emplyees in public sector, 29CFR541.5d. Under this regulation, the local jursidiction may dock the salary of exempt employes, for accountability of public funds, for partial days' absences (for the reasons identified in the provision).

This of course puts more of the disadvantage to going to exempt than if you were in private sector. While there may be no overtime at least, it could always be argued that there would be no docking of salary for partial days' absences -- except for 5d.

I would simply sit down with the affected employees with lead time before the chage is to be implemeneted to discuss the change and why. And the benefits in doing it (its a sales job). Remember, even though you can do it, you do want the politicians to support it once it is done. And if you have a bunch of disgruntled employees writing to their councilpersons, you know how quickly politicans can backpeddle once they see the winds changing. And if you are going to go to the city council before implementing the change, then make sure you let the emplyees know that is what is bieng done so they don't hear about the changes second or third hand as a result of council deliberations.

During this lead time, let them grieve or whatever, so they can fully explain their position of why the change should not be made. At least give them the sense that they have had a "fair hearing." But keep the goal in mind unless they present clear evidence that they should not be made exempt. You may need to explain how accrued time will be useable and answer their specific quesiton. So be preapred with information as much as possible.

And ensure that all the exempts are treated fairly.

And then once through the lead time process, confirm the change in writing, with the effective date, and make sure they and their supervisors know what is and will be required of them, and how time records are to be completed.

I also asume that none of the exempts are represented by unions.