Mis-classified employee?

Last August 2000 I switched from a 40hr. to a 32hr. work week with a matching reduction in pay. I was a "salaried,non-exempt employee & earned OT pay. I received a 3% merit increase in December 2000 during last year's merit review. This year during merit review, I was informed by H.R. that there had been a mistake in payroll. My salary at 40hrs. was used to calculate the increase instead of a 32hr. base. I was also informed that because of this error, I would not be receiving any merit this year (regardless of a stellar review)and my title was changed to reflect a "salaried" position earning no OT. My job description was modified, but basically I am doing the same tasks as last year. Should I be earning OT?

2 answers  |  asked Oct 28, 2001 5:46 PM [EST]  |  applies to California

Answers (2)

Theresa Pfeiffer
yes, probably

janet is right, of course. i would call her as she is in so. cal. employers want to classify e/ees as exempt cuz it's cheaper; if they once classified you as non exempt, that almost surely should be your classification as they do not committ themselves to overtime lightly. call janet.

posted by Theresa Pfeiffer  |  Oct 29, 2001 10:26 AM [EST]
Janet M. Koehn
it's what you do

your exempt status is determined not by what the hr dept. calls you, but by what your duties are. you need to review your exempt status with an attorney experienced in wage and hour law. if you are in southern california, please call me for a free phone interview.
janet koehn
805-658-0655

posted by Janet M. Koehn  |  Oct 28, 2001 9:35 PM [EST]

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