Exempt Status Change

misklu

I am questioning our Accounting Office Managers status. We recently had a large lay off. The manager once was responsible for 7 employees now it is only one. The work load is somewhat similar just less of it right now. My concern is the fact she no longer supervises more that one employee. Does that change her status? Does it matter the RIF is expected to be temp.

Gillian3

If you expect the RIF to be temporary, I wouldn't change anything. If "temporary" is really an awfully long time,then you should probably re-evaluate.

pork1

MISKLU: If the accounting Managers position has certifications and educational elements associated with it, which would take up better than 80% of her/his time. But as you observe the task being accomplished as physical and clerical then I would seek Wage and Hour advice and lean toward making the position non-exempt for the temporary period of time!

Here is why. The incumbent feels like she/he should be non-exempt, but says nothing and keeps copious notes of fact and physical activities for which the position should be earning overtime. The incumbent will have the only notes and records and the company will have none, because we, the company, did not want to go to the trouble of re-classifying when the RIF was going to be short lived. The short lived RIF action turns into a year long event, she/he has a years worth of notes and records to should the 90,000 hours worked and he/she never got one dime of O/T; ouch!!! It will not matter that the company has no notes or records to show that the individual did not work the extra hours, morning, during lunch, after hours and just about every Saturday and Sunday, all day. I was doing the work of 7 people. Believe me it pays to do the assessment now and not wait until later. It is not a sin to be be paid as a labor person, after being appropriately classified. We have Department Managers that used to be EXEMPT and now they are NON-EXEMPT due to our decision and reclassification. They love the new pay and getting paid for the O/t.

PORK

misklu

Thank you for your response.