non-profit/ exempt vs non-exempt

dcastaneda · March 2003

Do non profit organizations, with all salaried employees, have a seperate requirement for determining if they are exempt or non exempt? Our higher ups feel that any support staff that does administrative duties, ie, helps and executive or reception duites are exempt. I disagree but am in the minority. Could anyone shed some light on this?

MS HR · March 2003

I' m not aware of any differences. Sounds like a potential lawsuit in the making. A receptionist doing receptionist duties is not exempt in my book.

sonny · March 2003

I agree with the above. I worked for a non profit for 12 years and never heard of any different rules. As others have noted, salaried does not = exempt. I think you are headed for trouble if you can't convince your highers ups of the error of their ways.

jimlegal · March 2003

Like Sonny, I too worked for a non-profit which provided no special provisions from the exempt vs. non-exempt employees. You may wish to go to the DOL website and view FAQ's for more specific information. Good luck!

Gillian · March 2003

I work for a non-profit and there are no differences.

Pork · March 2003

May I recommend that you contact your friendly wage and hour folks, the federal kind and ask for a copy of: Regulation Part 541, 778, and 785. These are free for the asking. Once you get them read and study them well, index and hi-lite the parts that are directly related to the positions within the company. You will find that there is no exceptions for the rules (for profit verses for non-profit). Both must compensate and keep records based on EXEMPT AND NON-EXEMPT, from the FLSA. You can be a real hero and a true professional HR by keeping them from personal negligent attitudes and circumstances. I would approach this very cautiously, because this may have been going on for quite some time and it could break the bank with back pay issues. I have been in your shoes and it cost me my job, because I did not realize the owners wanted it that way. The brother of the wife partner/owner was the department manager and he would not listen to me. He felt, I should keep my mouth shut, but I didn't I told my boss and he briefed the owners and I was asked to resign with a severance package in order to keep the situation closed. I left, and the Fed auditors arrive within months after I left and they spent lots of money paying the misclassified labor employees what they and "uncle Sam" were due! Have a good day and get those regs! Pork

non-profit/ exempt vs non-exempt

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