- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
Work overtime question
Posted on 3/22/16 at 8:32 pm
Posted on 3/22/16 at 8:32 pm
I have a friend that is a salary employee that has been classified as exempt from OT. But recently his status was changed to non exempt from OT however his job duties has not changed. Compensation for being on-call was a "comp day" regardless of how many hours was spent answering emails, answering phones etc. His job status was changed to non exempt because it was brought to the company's attention by their legal team that he should have been non exempt the whole 5 years of employment. Question is should he be compensated for passed OT worked?
Tldr Yada Yada thanks
Tldr Yada Yada thanks
11
Posted on 3/22/16 at 8:34 pm to Cajun Invasion
I specialize in bird law, so this isn't really my thing. I'm sorry.
Posted on 3/22/16 at 8:34 pm to Cajun Invasion
Why does this matter to you?
Posted on 3/22/16 at 8:35 pm to Cajun Invasion
No. In Exempt Status he wasn't eligible for OT. He should count his blessings that they made the change.
Posted on 3/22/16 at 8:36 pm to Cajun Invasion
One of two things can come from this:
1) fight it and likely lose your job
2) not say a word and keep happily working
1) fight it and likely lose your job
2) not say a word and keep happily working
Posted on 3/22/16 at 8:36 pm to wiltznucs
quote:
No. In Exempt Status he wasn't eligible for OT. He should count his blessings that they made the change.
But they determined he should have never been exempt.
Posted on 3/22/16 at 8:37 pm to Cajun Invasion
I didn't know a company could bump you from exempt to non-exempt on a whim.
Posted on 3/22/16 at 8:37 pm to Cajun Invasion
No, but free pens, toilet paper, and coffee creamers are the ultimate get even.
Stickin' it to the man, Baw!
Stickin' it to the man, Baw!
Posted on 3/22/16 at 8:38 pm to Cajun Invasion
He agreed to Exempt Status, game over..:
Posted on 3/22/16 at 8:38 pm to Cajun Invasion
Sounds like your friends fricked up not knowing his situation.
not a lot he can do, but in salary negotiations reference it.
not a lot he can do, but in salary negotiations reference it.
Posted on 3/22/16 at 8:44 pm to fightin tigers
quote:
Sounds like your friends fricked up not knowing his situation.
That's dumb. You can't choose to be overtime exempt. You are or you aren't.
Posted on 3/22/16 at 8:45 pm to Athanatos
You know your position or you don't. Know the rules, ask, or deal with being wrong.
If he was reclassified that means he hasn't been inclusive the last couple years.
If he was reclassified that means he hasn't been inclusive the last couple years.
Posted on 3/22/16 at 8:48 pm to fightin tigers
quote:
You know your position or you don't. Know the rules, ask, or deal with being wrong.
I think he knew the rules but the fact they changed it recently and not his job duties, has me curious if he should be compensated for the time worked that was classified wrong according to their own legal team.
Posted on 3/22/16 at 8:49 pm to Cajun Invasion
He should contact HR and demand his back pay. HR is full of nice people and only exists to help him. 
Before he does this, he may want to have his next job lined up.
Before he does this, he may want to have his next job lined up.
Posted on 3/22/16 at 8:49 pm to Cajun Invasion
quote:
But they determined he should have never been exempt.
Then by all means, make waves, threaten to sue, demand retribution. It's certainly the best way to see how valuable of an employee you are in an at-will employment state.
Posted on 3/22/16 at 8:52 pm to Btrtigerfan
Posted on 3/22/16 at 8:57 pm to wiltznucs
quote:
He agreed to Exempt Status, game over..:
A company I used to work for had classified a certain position as Exempt, no OT paid.
A person in that position got pissed off and called the Fed Labor Dept. and reported it. The Feds did an investigation and questioned a whole bunch of the people in that position. The Feds ruled that OT should have been paid to those positions, and since it was impossible to determine how much OT was owed to each person, the company and Feds agreed to a formula that depended on a couple of different factors, the most important being how long you worked in that position. Some people got $15,000 settlements.
And when the checks were disbursed, the employee had to sign a statement saying that they were accepting the check and waiving all claims to OT from the past. And the statement included a clause that stated that in accepting that money the employee would not be discriminated against by the company, and if they felt they were, they should contact the Feds about it.
Edit: I should add that the people in this position routinely worked 50 to 60 hours a week. It was a d at paced, stressful job that would be almost impossible to do properly just working 40 hours.
This post was edited on 3/22/16 at 9:03 pm
Posted on 3/22/16 at 8:57 pm to Cajun Invasion
The status is typically at the discretion of the employer and not the employee. Moreover, it would be nearly impossible to quantify the amount of hours eligible for OT in the past 5 years. To echo the thoughts of others, it would be best to keep your mouth shut and move on. Assuming base pay rate is unchanged, unless he was putting in less than 40 hours per week there's no way this can work against him.
There are rare instances of abuse of the Exempt Status. That may be worth pursuing so long as the employee is content with eventually losing their job and never working for the company again.
There are rare instances of abuse of the Exempt Status. That may be worth pursuing so long as the employee is content with eventually losing their job and never working for the company again.
This post was edited on 3/22/16 at 9:01 pm
Posted on 3/22/16 at 8:59 pm to wiltznucs
Nothing wrong with politely inquiring with HR, but if the answer is... Oh well, sorry. He should never speak of it again.
Posted on 3/22/16 at 9:05 pm to Cajun Invasion
quote:
think he knew the rules but the fact they changed it recently and not his job duties, has me curious if he should be compensated for the time worked that was classified wrong according to their own legal team
So they have him a raise and you think it should be retroactive.
Think about that.
Page 1 of 2
Popular
Back to top
Follow TigerDroppings for LSU Football News