tag:blogger.com,1999:blog-33004692.post7274846964097687592..comments2023-10-31T12:58:36.729+01:00Comments on Evil HR Lady: Part Time ExemptSuzanne Lucashttp://www.blogger.com/profile/07129772885673695447noreply@blogger.comBlogger8125tag:blogger.com,1999:blog-33004692.post-81034423578582494652009-07-23T00:41:29.922+02:002009-07-23T00:41:29.922+02:00I and many of my professional peers are finding ou...I and many of my professional peers are finding ourselves in the same boat. We are salaried exempt employees who have had our hours cut, with many losing thier benefits. Our company is doing this to cut overhead. I have been researching the law and cannot find whether or not there is a minimum amount of hours that you can work and still be considered exempt. Some of us have been cut so low on our hours that we are below the $455 weekly rate.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-33004692.post-90291537629990706632009-07-19T00:10:24.082+02:002009-07-19T00:10:24.082+02:00Can a person be part-time exempt in this sense? Th...Can a person be part-time exempt in this sense? The company pays certain benefits (such as paid vacation, sick leave and medical insurance) to employees working over 36 hours a week. My pay was cut back to half of my previous pay. That violated the minimum wage law in California for salaried exempt. Now it has been adjusted to three quarters so as not to violate the law. However I am called "Part Time" even though I am salaried, not hourly pay. My benefits have been removed. My job description has never changed. I am on call 24/7 to manage and assist more than 60 real estate agents. If the company policy says people working over 36 hours get benefits, can they call me a part time exempt salaried person and not give me benefits?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-33004692.post-55946164909267980352008-07-10T17:29:00.000+02:002008-07-10T17:29:00.000+02:00Part of the classification of being an exempt empl...Part of the classification of being an exempt employee means you are paid on a "salary basis" - so if you are being paid hourly - you are not exempt. As a part time employee you may not be entitled to benefits (paid time off) - but if you are exempt - your salary should not change except for very specific reasons. Go to the dol website and click on the link that says overtime security and watch the videos or read the stat sheets on the definition of exempt.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-33004692.post-32815061486191189102008-06-23T17:28:00.000+02:002008-06-23T17:28:00.000+02:00I would ask for a prorated holiday pay. if you wo...I would ask for a prorated holiday pay. if you work 3 days, 8 times 3 is 24 hours per week, <BR/>That is 24/40 hours worked.<BR/>so if it was 20 out of 40 hours that would be 1/2 time. so the holiday pay would be for 50% of your normal pay. I have done that in the past for my employees, and it seems fair.<BR/><BR/><BR/>NOTE: Remember holiday pay is not required by law, so anything you get is extra.<BR/><BR/>Dawn PassaroAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-33004692.post-90749572603485531272008-06-22T00:08:00.000+02:002008-06-22T00:08:00.000+02:00Sorry, let me try reposting the DOL opinion letter...Sorry, let me try reposting the DOL opinion letter link again!<BR/><A HREF="http://www.dol.gov/esa/whd/opinion/FLSANA/2008/2008_02_14_01NA_FLSA.htm" REL="nofollow">Click here</A>Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-33004692.post-1172162661239042482008-06-22T00:01:00.000+02:002008-06-22T00:01:00.000+02:00I'm not an expert in the FLSA either, but here are...I'm not an expert in the FLSA either, but here are some tidbits:<BR/><BR/>1. The FLSA is a federal law. Many states have wage and hour laws that go above and beyond what the FLSA requires. Google your state's name and "wage and hour" to find out more. Remember, the law that is the "most generous" to the employee is the one that takes precedence.<BR/><BR/>2. You may be interested in the US DOL's opinion letter on a similar situation from earlier this year: http://www.dol.gov/esa/whd/opinion/FLSANA/2008/2008_02_14_01NA_FLSA.htmAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-33004692.post-59071067432952802702008-06-20T19:34:00.000+02:002008-06-20T19:34:00.000+02:00Your last point is your best - and should be every...Your last point is your best - and should be every employees mantra: "no one cares about your paycheck like you do."Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-33004692.post-54903951087053008762008-06-20T16:01:00.000+02:002008-06-20T16:01:00.000+02:00As always, your response is right on the mark. If...As always, your response is right on the mark. If I am the employer though, unless I really feel I need to keep that person, I am not paying holiday pay to a part-time employee. I would adjust the schedule if possible so that the part-timer gets all of the normal hours.Catbert is my herohttps://www.blogger.com/profile/03265017143844222358noreply@blogger.com