Exempt or non-exepmt? Worked ave.50hs/w without overtime
I was terminated from Japanese invested
semiconductor manufactuer 2month ago. I
was very angry with their(American management) unfair treatment but AZ is at-will employment State, there wasn't too much I could do to contest except winning an eligibility for UI. Just in case of any violatons against my right, I went to EEOC and UDL.and I found out my job wasn't qualified for EXEMPT status. As a result, I might deserve 50% of the rate I was getting paid for the time over 40h/w.
I read Regulations booklets on the matter but nothing of my job category is described. I was a translator for the company. Do you have any idea on the term " EXEMPT"?
Answers (1)
There is a category of exempt employees known as "professional" employees. This includes doctors, lawyers, accounts and so on. But it also includes artistic professionals, such as actors and musicians. The key to the category is that the "professional" is one whose skill is some specialized knowledge based upon prolonged study. Whether a translator fits within this category is a question that would have to be decided by a court based upon a variety of facts and circumstances regarding the job duties, the training required and so forth. Even if a court at some time examined the issue and made a ruling, the decision is not necessarily binding in every jurisdiction, and other courts might disagree with the analysis. It is questions like these that keep lawyers in business.
posted by Francis Fanning | Sep 7, 2001 8:10 PM [EST]
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