FLSA Misclassification of titles (exempt\non-exempt)
LE
12 Posts
I need your help. With the recent reclassification of titles (example: Program Assistant was exempt and is now non-exempt)Tell me if I am wrong, if an EE's title was Program Assistant (exempt) but now has a new title of HR support speacialist (exempt)would we have to compensate this EE if they worked OT during their time in the Program Assistant title, since now all Program Assistant's are classified as non-exempt?
My Assistant Director is telling me we would not owe them any money since we do not pay by title but by duties preformed.
Any help you could give me is much appreciated.
Thanks,
Ellie
p.s.
Is anyone else sick of this snow?
My Assistant Director is telling me we would not owe them any money since we do not pay by title but by duties preformed.
Any help you could give me is much appreciated.
Thanks,
Ellie
p.s.
Is anyone else sick of this snow?
Comments
The AD is correct, you classify positions by duties, not titles, so if the person was doing exempt duties before, you don't owe anything. I would assume, though, that this one particular person was doing things before the new title that were different than the other Program Assistants did.
Administrative EXEMPT is still a classification. Starting point is no less than $455.00 per week is the base rate of pay. Primary duties of performing office or non-manual work directly related to the management or general business operations of the employer or the employer's customer. In other words the company places a significant part of the business operations in their hands. Holds a position of great resp0onsibility with the employer, defined as either (1) performing work of substantial importance or (2) performing work requiring a high level of skill or traing.
Computer employees, likewise, can be exempt.
My HR assistant is paid $11.00 hour and is worth much more and she does have a significant part of the physical activities of the office, but her brain and decision making skills are not one of those. If we ever get to be big enough and she begins to supervise the actions of two 40 hour a work week personnel then we will EXEMPT her position.
Hope this helps, I do not believe any re-classification which changes a rightfully classified emplouyees classification status will cause you to pay back pay. Now this is where the rub will come. If the person was improperly classified in the first place and now there is a change which will cause the person to become aware of the wrongful actions of your company; guess what, you will be very smart to figure out what you owe and pay the employee up front before they go to the wage and hour folks with a long history of misrepresentation of the proper classification and now she/he wants there money due. Pay it because if wage and hour become involved there will be interest and penality fees!
PORK
Remember, you don't classify PEOPLE. You classify POSITIONS. And positions are classified relative to the DUTIES of the position, not the TITLE of the position.
the duties of an HR Manager and a Senior Sanitation Engineer at McDonalds often are mirror images of each other, but only one is exempt.
I need to get you to eat more Pork, the "other white meat" that makes us all so much smarter!
PORK
Thanks for the info.
He is correct about the duties being the determinant. However, it would not be best practice to have hugely varied and unrelated job duties for positions with the same title. If nothing else it will give an auditor heartburn and you don't need that to happen. It only raises their suspicions and keeps them on the property longer.
PORK