Salaried Non-Exempt Human Resources Administrator

ladyzuesse

Management has decided to change two of our supervisors to salaried non-exempt, and have thrown my position into this catagory as well mainly I think, because we all report to the same person. Are there other salaried/nonexempt HR folks out there? Title is HR Administrator, in reality I am benefits clerk and safety program administrator - not much independent judgement or policy development going on, management makes the decisions, I do as I'm told but make the occasional recommendation trying to keep them out of hot water. SO here's the question. Salaried nonexempt: should we get sick days, like hourly nonexempts, (exempts don't have sick days - they are just not here and still get paid) and if time falls below 40 hours (ie, out for an appointment all day) do we deduct the hourly wage rate from the salaried amount? And in that case, what is the point of being salaried?

Help me, I'm confused.

ladyzuesse
aka
Tammy Colson

John Barr VA

Tammy,

If you're deducting money on an hourly basis when the hours fall below 40 then you're not exempt. All that's being done is storing up a FLSA lawsuit (with liquidated damages) for the future as DOL, and the courts, would be almost certain to find that you're an hourly employee who was not paid for all the hours that you actually worked. You may want to have management provide more justification before they simply lump you into an exempt category, especially given the job description that you provided.

On the other hand, there is nothing magical about HR jobs, they can be either exempt or non-exempt depending upon the job that they actually do.

I hope that this helps.

John

Hatchetman

If they truly mean "salaried", then you get a fixed amount of compensation for a specific peirod of time (usually a week) that does not vary with the number of hours actually worked. But for overtime purposes, a hourly rate has to be computed. But as a salaried emplyee, if you are sick for a part day or a full day, there is no docking of the salary because there is NO provision in FLSA to allows for docking of salary for those employees who are non-exempt.
Bascially, in those weeks where the employee is absent, the salary is kept the same and the hourly rate is increased. Overtime is paid because of the non-exempt status, but how it is calculated depneds on what hours the salary is suppose to cover.

There are provisions in FLSA regulations that address salaried non-exempts:
Take a look at the Code of Federal Regulaitons, Volume 29, Sections 778.113, .114, .304, .306, .322 and .323.

The link is:

[url]http://www.access.gpo.gov/nara/cfr/waisidx_02/29cfr778_02.html[/url]

ladyzuesse

Thanks for the information. I'd love to get more information, as I broought this issue up to them months ago, I am currently an exempt employee - but my job duties classify me as non-exempt, as well as the supervisors, but the PTB make decisions behind closed doors and just announce things, so I don't know how they came to this decision, I just know I have to implement it.

I agree, lawsuit in the making - and polishing the old resume for many other reasons as well.

Ya'll are such a help with these things. The FLSA rule will help me to at least justify my action in regard to time less than 40 hours.


Tammy

Don D

It may have been said and I didn't see it; but, it's also import to know that non-exempts can be salaried. Being salaried does not equate to exempt by any means. Mr. Barr is correct that there's nothing magic about HR jobs being exempt, nor those of any other ancillary/support department. Your description does sound like one of a non-exempt job. I agree that your employer should classify your job non-exempt if that's what they're doing.