Can an LPN be forced into an exempt status?

A few LPN's in my co. were changed to exempt status to save the co. money. I still have the same duties as before, patient care,med passes, treatments supervision of aides,scheduling, we interview prospective new aides,I do not have the power to fire aides this decision comes from HR. I fill in and cook on occassion if we have no cook,The majority of my job remains patient care. I was told by my boss that if I worked over 40 hours, i could take time off to make up for the overage,(they call this flexing your time) other exempt staff do this regularly, I recently tried to do this and was denied by HR. I feel this decision was discriminatory.

1 answer  |  asked Mar 7, 2013 06:39 AM [EST]  |  applies to Ohio

Answers (1)

Bruce Elfvin
There is an exemption in the Fair Labor Standards Act, but I thought it only affected home health care workers and registered nurses. This would have to be looked at and the attorney would have to have all of the information from you in order to sort out the regulations. I recommend strongly that you keep very good track of your hours and see an employment attorney near you that will look at the FLSA issues.

You can select one near you at: www.oelasmart.net/directory

posted by Bruce Elfvin  |  Mar 7, 2013 08:38 AM [EST]

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