ARGH!!!

Sally

I have tried in vain to explain to our executive director that it is beyond all logic to have all employees who are classified as exempt. His belief is that because we pay everyone a salary and don't dock their pay for leaving early, they are exempt. I have even had our employment law attorney review the job descriptions in question to give her opinion on the exempt/non-exempt status and she concurs with me. We are a performing arts organization, so 10 months out of the year we have certain employees who work above and beyond our normal 35 hour week. Two months out of the year we are able to leave early or close for an afternoon.
The executive director did just say that he would want to hear the attorney's opinion for himself, but he doesn't see the need to change how we've done things.
Short of calling the DOL myself, which would result in more of a financial hit than just trying to staighten this all out ourselves, I'm at a loss as to how to fix this problem. We are a not-for-profit organization and like many non-profits we have had financial difficulties the past two years. I certainly don't want to see us sink. I'd rather try to resolve this now on our own.

Parabeagle

Spend a few bucks and ask your attorney to have his firm write an Opinion Letter for your boss. That way the attorney's opinion is down in black and white, with the appropriate research cited, and your boss will be hard-pressed to argue with that. He may, anyway, but at least you've done what you need to do. Good luck.

Sally

Thanks! That is a great idea and the law firm donates their time so it won't cost a penny! And with the opinion letter my butt gets covered too.

Parabeagle

Well, if your lawyers don't charge you, maybe I will! These good ideas don't grow on trees, y'know. x;-)

Sally

Uh, oh! If you handle it like the DOL, you could go back a couple of years and charge interest too. I could be in big-time trouble!
Can I pay you by remembering to post a recipe or two in the HR Hero Sandwich?

Parabeagle

Oh, I suppose so... just remember, I'm a vegetarian! x:-)

MarieA

If you are a member of SHRM, you can check out the DOL opinion letters already on file. They have helped me "prove" my opinions to the higher ups.

Don D

Forsooth Sally! When I read the title of your post I thought you were a damsel in distress. I ran all the way over here for nothing. I'm out of breath. Tell your artistic director/manager to stick to the leotard design (his are way too tight) and leave the labor laws to you!

Sally

Don--
We're an orchestra not a dance company but now that you mention it, maybe he should have stuck with playing bassoon in an orchestra. The comment I keep hearing, though, is that no other orchestra he's worked for has done it that way. And I keep trying to remind him that doesn't make it right or legal! It just means those orchestras haven't gotten caught.
But hey--thanks for trying to come to my rescue once again!