My employer has me on salary, but.....

[WorldWatcher]

I live in Louisiana. The "local" DOL is in New Orleans for me. And yes, inquiring with HR would make me stand out like a big fat sore thumb. And you're right, he put me on salary to avoid paying me overtime.

Basically, there are two ways of doing it. My boss can decide not to pay me for hours not worked under 40, but then he has to pay me for hours worked over 40. Or, he can not pay me any more than salary, but pay me for any time missed from work for funerals, sick leave, etc. Right now, any time worked under 40 I'm docked and over 40 I'm not paid overitme.

He's truly getting the best of both worlds.

If they are docking your for any hours missed under 40 and qualifying you as exempt, then that doesn't follow the requirements.

Employers can dock employees for missed time normally only in full day increments for days where no work was performed for personal reasons.

Employers can dock employees for missed time for sickness and disability in full day increments for days where no work was performed only if that person has exhausted their leave "bank" if the company has one.

Docking pay for exempt employees: What’s allowed?
https://www.shrm.org/resourcesandtools/tools-and-samples/hr-qa/pages/cms_017500.aspx

>>>>

 

[airplanemechanic]

I appreciate it, but I'm not exempt. I am a dispatcher, specifically mentioned in the rule that says I'm not exempt.

The fact that he's treating me like I'm exempt doesn't change the fact that they are wrong.

 

[airplanemechanic]

>

I think it will come down to a determination by DOL of whether your position qualifies under the Administrative Exemption.

The company will attempt to make the case your job falls under the Administrative Exemption due to management of business operations and independent judgement.



*********************************************

The most elusive and imprecise of the definitions of exempt job duties is for exempt "administrative" job duties.

The Regulatory definition provides that exempt administrative job duties are

(a) office or nonmanual work, which is
(b) directly related to management or general business operations of the employer or the employer's customers, and
(c) a primary component of which involves the exercise of independent judgment and discretion about
(d) matters of significance.


Fair Labor Standards Act (FLSA) Coverage (Exempt vs. Non-Exempt -- The Online Wages, Hours and Overtime Pay Resource

From your link:

Generally, an employee is paid on a salary basis if s/he has a "guaranteed minimum" amount of money s/he can count on receiving for any work week in which s/he performs "any" work. This amount need not be the entire compensation received, but there must be some amount of pay the employee can count on receiving in any work week in which s/he performs any work.

I do not have a guaranteed minimum. They are using my salary as a ceiling, not a floor. Under no circumstances do I ever earn more than my weekly salary, but if I miss time I damn well earn less.

I think it will come down to a determination by DOL of whether your position qualifies under the Administrative Exemption.

The company will attempt to make the case your job falls under the Administrative Exemption due to management of business operations and independent judgement.

According to this government document, there is no exemption for my job. Look on the 2nd page under "typical problems":

https://www.dol.gov/whd/regs/compliance/whdfs19.pdf

I have a specific job in a specific industry. I don't have a general office job. I am a dispatcher for a federal motor carrier.

 

[WorldWatcher]

According to this government document, there is no exemption for my job.

That's not true. You are focused on YOU and YOUR job. You state "according to this government document, there is no exemption for my job".

An accurate statement would be that my job does not have an exemption under 13(b)(1), that does not mean your job could be classified as exempt under another portion of FLSA.

I have a specific job in a specific industry. I don't have a general office job. I am a dispatcher for a federal motor carrier.

Everyone thinks they have a specific job in a specific industry.

All I was doing earlier was pointing out that the company can take a position based on your impact on business operations under an administrative exemption - section 13(a)(1).

Who wins? Don't know. Just saying it's not as cut and dried as you might think.

Best of luck with your claim.


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[airplanemechanic]

Well, again, my interpretation is not mine. The links I'm sending you are the links that the manager of the department of labor wage and hours division sent me.

It is about me and my job. Because other people that work at the same facility I do do not qualify, i.e. my drivers, driver helpers and mechanics. I, because I am a dispatcher, am non-exempt from overtime. I can't qualify under 2 different things. Every dispatcher has the same job duties, and it's because of this that we are listed SPECIFICALLY in the "non-exempt" list under the FMCSA. We don't have to meet two sets of criteria, only one. Since every dispatcher ultimately makes decisions for the company and every dispatcher works in an administrative role, they made this law for us specifically. If they didn't then the "administrative" exemption would cover every single dispatcher.

Read this. It doesn't get much clearer:

My employer can do what they want, its the government who will determine if I'm eligible for overtime. It doesn't shock me that the company that would have to pay me the extra money is trying to classify me as exempt. No shock there! However, the gov't, a neutral 3rd party, will ultimately decide my job's eligibility.