hourly vs. exempt pay
Does a job description legally determine how a person is paid (hourly vs. exempt), and is it illegal to be paying people within the same job description differently (one individual is exempt while 3 others are being paid hourly)?
Thank you.
Answers (1)
The job duties control whether the job is exempt, not the job description
The US Department of Labor (DOL) regulations state that the actual job duties determine whether an employee is exempt or not. The job description and job title are not controlling. The fact that the employer treats other employees as non-exempt in the position appears to undermine the claim that you are exempt.
You can file a claim with the US DOL's wage and hour division, which will investigate and, if your complaint has merit, will attempt to recover your unpaid overtime.
Follow this link to a DOL letter regarding this issue:
http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17a_overview.pdf
Best regards,
Neil Klingshirn
posted by Neil Klingshirn | Dec 4, 2008 12:46 PM [EST]
The US Department of Labor (DOL) regulations state that the actual job duties determine whether an employee is exempt or not. The job description and job title are not controlling. The fact that the employer treats other employees as non-exempt in the position appears to undermine the claim that you are exempt.
You can file a claim with the US DOL's wage and hour division, which will investigate and, if your complaint has merit, will attempt to recover your unpaid overtime.
Follow this link to a DOL letter regarding this issue:
http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17a_overview.pdf
Best regards,
Neil Klingshirn
posted by Neil Klingshirn | Dec 4, 2008 12:46 PM [EST]
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