What can I do if my company changed me involuntarily from exempt to non-exempt?
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What can I do if my company changed me involuntarily from exempt to non-exempt?
I am doing the same work in the same department. My work has no degree requirements and we follow, as always, a prescribed procedure and oversee managing no one else. Can I petition or sue for back overtime owed?
Asked on December 9, 2015 under Employment Labor Law, Texas
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
I think that you may have it backwrads. I believe that you may have been changed from non-exempt to exempt. This means that you were changed from being eligible for OT to no longer being eligible. In other words, if you are exempt from OT, the law does not apply to you so your employer need not pay you for any hours worked over 40 in a week. If you are non-exempt, then the law applies to you and you must be compensated accordingly.
Most employees who are paid hourly are entitled to revicece OT ay, who are in non-supervosory positions, who are not "professional" (meaning doctor, lawyer, architect, etc).
Right now you can check with your state department of labor or the US Dept of Labor for further information; their websites will more fully explain who is exempt/non-exempt. They will also explain or rights/remedies if you are being improperly classified.
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