Overturned overtime ruling
UPDATED: Sep 30, 2022
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Overturned overtime ruling
I am a nurse working and I am part-time. I was originally exempt but since that ruling was going to be a possibility they changed us to non-exempt and kept all the part-timers as non-exempt even though it was overturned. Can a company do this? The immoral thing about it is that they are having the part-timers meet a quota to match the nurses that work full-time that do not have to take a lunch and can stay late. So they meet their quota and we do not and we can get written up or fired due to this. This is not feasible for the part-timers because we have to take lunch and we have to leave at the time expected without staying late. I feel that the company is
enforcing this to get rid of the part-timers. Although some are meeting their quota they are definitely not doing everything they’re supposed to be doing. Is this legal?
Asked on March 18, 2017 under Employment Labor Law, Florida
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Whether an employee is exempt from overtime or not is not entirely up to the employer. Rather, an employee is only exempt if:
1) They are paid on an annual salary basis;
2) The salary is large enough (approximately $23k/year); and
3) The employee's job duties/authority meets one or more of the criteria to be exempt (such as the "adminstrative employee" criteria, the "executive" (i.e. managerial) criteria, or the "professional" criteria), which can be found on the U.S. Dept. of Labor (DOL) website.
Only if 1) - 3) above are *all* met would the employee be exempt; otherwise, regardless of what the employer wants, the employee is non-exempt and must be paid overtime when working more than 40 hours in a week.
As to the quota and discipline: unfortunately, the law does not require employers to be fair or even reasonable: your employer is allowed to put an unreasonable, even impossible, quota on you and write you up if you don't make it.
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