Exempt Status after Company Downsized
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Exempt Status after Company Downsized
I am an exempt status employee. My title is director but recently my company downsized my assistant so I no longer manage anyone. I know there are some vague other classifications that could or could determine exempt status depending how argued.
So my question is, could the loss of managed employees be a big enough factor that I should seek legal advise on my exempt status? My hours have jumped up 15-20 hours/week with the added work.
I am paid a monthly salary, including health insurance, and earn more than 75,000/annually.
Asked on March 5, 2018 under Employment Labor Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Go to the U.S. department of labor website and search for "overtime exemptions": then compare your job, responsibilities, and authority to any of the potentially applicable exemptions--not just the executive (i.e. the managerial) exemption, but also the administrative employee exemption and the professional employee exemption, for example. If you do fit fit the criteria for *any* of the exemptions, there is a good chance that you are then non-exempt and would be entiled to overtime; if that appears to be the case, you should speak with an employment law attorney about possibly taking action to enforce your right to overtime.
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