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#58208 - 01/30/03 10:38 PM
Exempt and non-exempt status
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100 Club
Joined: Sep 2002
Posts: 114
Oklahoma City, Oklahoma
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I'm discovering several clients of mine who are not complying with the exempt and non-exempt status of the Fair Labor Standards Act, and thought I would share some information that may be helpful.
The determinant of exempt and non-exempt status (which determines whether an employee is paid overtime or is exempt from overtime) is based on the job duties, and these duties must pass certain "tests" as established by the FLSA. In many cases, I've seen bank management designate an employee as exempt, when in fact the employee should be receiving overtime.
Let me know through these posts if you have additional questions about this important issue!
_________________________
Gayla R. Sherry, SPHR, CMC President, Gayla R. Sherry Associates, Inc. Helping organizations improve employee morale, retention and productivity HR Consulting and Compliance; Training, Conflict Resolution, Internal Investigations, Expert Witness
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#58210 - 01/31/03 01:41 AM
Re: Exempt and non-exempt status
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Power Poster
Joined: Aug 2002
Posts: 7,353
Anchorage Alaska
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Just an FYI on the FYI, Bank of America is being sued over this issue. (Officers at the bank (Salaried and considered exempt by BofA)are being reimbursed for years of overtime. Another national bank is on the list of banks to be filed against as we speak.
I've worked for both in the positions referenced and have been receiving the paperwork for some time on the issue.
_________________________
Dawn Coursey VP/CRA Queen
CRA Rating is in...Oh who cares...I'm home with the baby.
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#58211 - 01/31/03 05:15 PM
Re: Exempt and non-exempt status
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100 Club
Joined: Sep 2002
Posts: 114
Oklahoma City, Oklahoma
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Bob, I'm finding that some of bank management believe being salaried is a "perk" and use it as a motivational tool. Obviously, this is not apppropriate, nor is it complaint with FLSA.
_________________________
Gayla R. Sherry, SPHR, CMC President, Gayla R. Sherry Associates, Inc. Helping organizations improve employee morale, retention and productivity HR Consulting and Compliance; Training, Conflict Resolution, Internal Investigations, Expert Witness
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#58212 - 01/31/03 05:16 PM
Re: Exempt and non-exempt status
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100 Club
Joined: Sep 2002
Posts: 114
Oklahoma City, Oklahoma
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The information about the lawsuits is very interesting; thank you for sharing!
_________________________
Gayla R. Sherry, SPHR, CMC President, Gayla R. Sherry Associates, Inc. Helping organizations improve employee morale, retention and productivity HR Consulting and Compliance; Training, Conflict Resolution, Internal Investigations, Expert Witness
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#58215 - 02/04/03 02:49 AM
Re: Exempt and non-exempt status
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Anonymous
Unregistered
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How long after employment has ended can an eligible non-exempt employee make a claim under these regulations?
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#58218 - 05/06/03 03:34 PM
Re: Exempt and non-exempt status
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Anonymous
Unregistered
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Do all non-exempt employees keep a timecard including loan officers?
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#58220 - 05/06/03 09:52 PM
Re: Exempt and non-exempt status
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Platinum Poster
Joined: Oct 2002
Posts: 927
Milwaukee, WI
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I personaly would choose to be exempt (even if I worked 20 hrs overtime per week) just so I didn't have to fill out the dang time card!
_________________________
My opinions are not to be construed as legal advice.
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#58221 - 05/07/03 12:34 AM
Re: Exempt and non-exempt status
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10K Club
Joined: Oct 2000
Posts: 27,748
On the Net
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BofA just settled for $4.1million.
Kara, part of the problems here are that the wrong choices are made by the wrong people. Hopefully yours is a correct one based on the facts of employment responsibilities.
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AndyZ CRCM My opinions are not necessarily my employers. R+R-R=R+R Rules and Regs minus Relationships equals Resentment and Rebellion. John Maxwell
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#58223 - 05/09/03 01:37 PM
Re: Exempt and non-exempt status
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New Poster
Joined: Apr 2003
Posts: 15
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There are recordkeeping requirements for "exempt" employees, although a far cry from the timecard. Here's the address for a great site on this topic.
http://www.toolkit.cch.com/text/PO5_4081.asp Sorry, this is not a "link" since I don't know how to add a link to a message. You'll have to type it in to get there. I don't do technology very well! May 14: Just noticed Boomermom indicated the link didn't work. The line under the link may be causing the problem. There is a _ in the address at the P05_4081. The 0 in P05 is the number 0, not the letter. On this post it's hard to identify. I just tried the address and it works. Hope if works for you too. This may be a paid side, but I am NOT a subscriber and I'm able to use it.
Last edited by Jeanette Nichols CRCM; 05/14/03 01:16 PM.
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#58225 - 05/12/03 06:14 PM
Re: Exempt and non-exempt status
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Power Poster
Joined: Aug 2002
Posts: 7,353
Anchorage Alaska
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BofA took advantage of many employees (my favorite was a promotion which required additional training from 6 am til 9 pm locked in a hotel, 10 days running, no breaks for the weekend or the holiday mine fell on, nor comp time).
You can call them officers, managers, etc., but when you work them like slaves and force them to forgo their personal lifes, you're abusing your staff. Add to that the management structure for the BofA "officers" that was implimented with the promotion....micro management beyond any I've ever seen before. My 3rd grade school days were less closely monitored! Any employer who treats staff like this deserves a $4.1 million fine.
Another real cost of this program? 90% of my compatriots, all the top sellers within the bank, left the bank within one year of institution of the program that really got this law suit started. While we could be replaced with college grads, the production lost in bringing them up to the speed of the top 10% of the sellers in retail who left had to be quite expensive.
Treat your staff with some caring and you'd be amazed what you get out of them!
_________________________
Dawn Coursey VP/CRA Queen
CRA Rating is in...Oh who cares...I'm home with the baby.
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#58226 - 05/12/03 07:23 PM
Re: Exempt and non-exempt status
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Anonymous
Unregistered
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Is that a burnt orange covered wagon?
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#58228 - 05/13/03 09:41 PM
Re: Exempt and non-exempt status
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Power Poster
Joined: Aug 2002
Posts: 7,353
Anchorage Alaska
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Bob, you're so right. After many happy years with a wonderful bank it was shocking to be promoted to Vice President and treated like a beginning teller. While I didn't join in the law suit, I enjoyed reading about the issue as it was a question in many peoples minds throughout the training. The United Canary Workers Union didn't much communicate with us Vice Presidents And to give BofA their due...we were compensated with salary VERY WELL for the time we put in, but...many of us realized, money isn't everything. We want to WANT our jobs as well. I hear this has finally sunk in, but they also decreased the salaries to go with the decreased production. It's all a give and take over time isn't it?
_________________________
Dawn Coursey VP/CRA Queen
CRA Rating is in...Oh who cares...I'm home with the baby.
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#58230 - 06/04/03 07:16 PM
Re: Exempt and non-exempt status
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Anonymous
Unregistered
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Can anyone tell me the types of positions that are usually mis-classified as exempt?
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#58231 - 06/04/03 07:24 PM
Re: Exempt and non-exempt status
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10K Club
Joined: Jul 2001
Posts: 83,227
Galveston, TX
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The non-exempt ones...........
OK - seriously. It depends on the individual responsibilities assigned to the position at that specific institution. That's why it is a hard call. A loan officer may be exempt at one institution and non-exempt at another depending on actual responsibilities. The same goes with every other position title.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com
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#58235 - 06/18/03 11:05 PM
Re: Exempt and non-exempt status
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Power Poster
Joined: Aug 2002
Posts: 7,353
Anchorage Alaska
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Actually Bob, I was a BDO when the suit with BofA came into play. We were included in the mix, and yes, even with our salaries at six figure levels. (Gad I miss that salary) While it seems bad to pay overtime for the back nine, I have to say that sometimes Bonnie...I'd have killed for a free afternoon or weekend with no social obligations. All of the darned things were work related (I didn't even live in the same county as I worked) and in the position you sort of have to go. It may be fun...but it's work, and you have to "work" extra at the office to cover the work you miss while working....
_________________________
Dawn Coursey VP/CRA Queen
CRA Rating is in...Oh who cares...I'm home with the baby.
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#58236 - 06/27/03 03:36 AM
Re: Exempt and non-exempt status
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Power Poster
Joined: Jun 2001
Posts: 8,272
Where the heart is
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Have any of you read of the proposed rules by the Bush administration that would reclassify many jobs as "exempt"? There was an article on MSN - 8 million could lose overtime pay Anyone have an idea how close this may come to pass?
_________________________
CRCM,CAMS Regulations are a poor substitute for ethics. Just sayin'
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#58237 - 06/27/03 02:00 PM
Re: Exempt and non-exempt status
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Platinum Poster
Joined: Sep 2002
Posts: 570
Dallas, Texas
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Quote:
Have any of you read of the proposed rules by the Bush administration that would reclassify many jobs as "exempt"?
The proposed regs came out earlier this year. Public comment has been received. The regs should be finalized and out by the end of the year. As I perform exemption tests for clients, I use both the current and proposed regs as part of my decision process.
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