Exempt Correctional Officers?
napel
18 Posts
We have a question about exempt vs non-exempt. This is specifically about supervisors at a correctional facility who work 12-hour shifts and do the duties of a correctional officer in addition to being a team supervisor. I found Fact Sheet #17J of the DOL Wage and Hour Divison that states: "...correctional officers, parole or probation officers...are not exempt under Section 13(a)(1)..."
The shift supervisors do make the minimum salary amount to be exempt, they do supervise a division, direct at least two or more full time employees, and have the authority to recommend an employee's termination.
A representative from the Dept of Labor in San Antonio said that our employees could be considered exempt because they meet the requirements...that the information on Fact Sheet #17J did not apply.
I am worried...it seemed very clear when I read the fact sheet and researched on the web. What do you think? Exempt or Non-exempt?
The shift supervisors do make the minimum salary amount to be exempt, they do supervise a division, direct at least two or more full time employees, and have the authority to recommend an employee's termination.
A representative from the Dept of Labor in San Antonio said that our employees could be considered exempt because they meet the requirements...that the information on Fact Sheet #17J did not apply.
I am worried...it seemed very clear when I read the fact sheet and researched on the web. What do you think? Exempt or Non-exempt?
Comments
Do the supervisors spend most of their time on administrative tasks?
Do they supervise correctional officers? If so, how many?
Are they paid more than $455 per week?
Given that the DOL rep considers them exempt, it's probably okay to classify the supervisors as exempt. Did the DOL rep give that to you in writing? If not, then I'm not sure I would rely on it and would, instead, consult with a qualified employment law attorney.
If you don't have access to an attorney I can send you the name of an attorney in your state. Just send me a private message to let me know you need the information.
Sharon