YaWanna, excellent explanations.
Exempt/non-exempt status was discussed at a meeting I attended this week, for muncipal leaders (city council members, mayors).
At the last place I worked, exempt employees were often treated as non-exempt, and we didn’t know that this was a violation of the Fair Labor Standards Act.
One of the panel members (an attorney) warned us about allowing non-exempts to work overtime (over 40 hours in the work week). If someone takes lunch at their desk and answers the phone, it can be considered OT. If someone comes in a half hour early and turns on their computer and starts reading e-mail, it’s OT.
He said the penalty for not paying the OT is double the OT pay owed, and the employee can go back two years. He also said that the Labor Board will accept what the employee says they worked, unless the employer has kept records to the contrary.
He said that if you tell an exempt employee that he has to make up the two hours that he took off for a dental appointment, you’re treating him as non-exempt and you’ll be subject to paying him OT.
I think exempt status is an invitation to employer abuse. Who gets exempt status? Employees who work hard and put in a lot of hours. It’ll be cheaper to make them exempt and stop paying the OT, because employers know that the employee will keep working the same hours, or more, to justify the employer’s confidence in them.
New exempt employees feel guilty about coming in “late” or “leaving early”, even if the job is done, and they think working weekends without pay impresses the boss and puts them in line for bonuses or raises that might never happen.
When I went from hourly to salaried, I got a huge raise (30%) and better benefits, but later on I went for five years without a raise, while the cost of my benefits steadily increased.
Salaried employeese who left weren’t replaced – their duties were just given to others. Since being salaried means you’re paid for the job rather than the hours, you can end up much overworked and underpaid. There were almost as many cars in the parking lot on weekends as during the week. 