Do I meet exempt status Guidelines?
Find answers to your legal question.
Do I meet exempt status Guidelines?
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I am a production supervisor, my status was recently changed to exempt from non-exempt. I was always told that I was non-exempt from overtime because I was considered to be a "working supervisor" and there for protected under the FLSA.
I do not hire, fire, promote.. I do not suggest who gets hired, fired or promoted. I am not asked who gets hired, fired or promoted.
I do supervise more than 2 employees, how ever I spend quite a bit of time doing the exact same job as those employees. If someone calls in sick I am required to atleast in part help cover that absence as far as working on the line.
I am also made to go into work when the lines are down for a day.. on that day I am not supervising anybody, and I am made to do manual labor such as cleaning the shop ETC.
Should I contact a Lawyer and see if I am owed 1.5 times my wage for hours for time worked over 40 hours given that there are certain criteria of my job that more qualify me as a working supervisor/ team leader?
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KP7689
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It's hard to tell for sure by your description. Here are some basic guidelines: http://www.hr.uci.edu/comp/flsa/flsa3.html
Don't bother spending money on a lawyer. If you are questioning your exempt status, you just need to contact the department of labor (DOL). They will investigate and make a determination. If your employer is in violation of FLSA, they will be ordered to pay you back wages. |
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Adam G
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In my opinion what you have described is clearly a non-exempt position. You are a lead - not a Supervisor. There have been many class-action suits in recent years for similar violations (Taco Bell, Albertson's, etc).
I would start by doing your homework and checking your State's regs. You should then have a conversation with your Manager and/or HR. If that does not resolve your situation, contact your State's labor board. You do not need a lawyer (who will charge you $$) to do this. The labor board will investigate on your behalf.
In the meantime - be sure to keep records of your time worked, because any back-pay claim will need to be based on your records. |
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everyone's mom
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First, you should find out which law applies to you. State law may be different than the FLSA. You can check the DOL website for wither the FLSA test for exempt and/or a link to your specific state's law.
If you concllue that you are misclassified as exempt, you can bring an administrative claim on your own behalf. You also have the option of consulting with a lawyer to make sure that there are no other wage viollations or any other legal violations that may apply. |
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