One of the trickiest problems in HRis determining which employees are exempt from the Fair Labor Standards Act’s ( ) overtime provisions. Classifying an hourly employee as exempt when she’s not can be costly.
The wrong classification may mean you owe the employee (and all similarly situated employees) overtime for every hour over 40 per week she worked, plus a penalty equal to the unpaid overtime.
It’s no wonder HR professionals lose sleep over classification.
The best approach is to regularly review exactly what employees actually do, day in and day out. Then measure that by what thesay indicates exempt status.
Doing so will catch any obvious misclassifications before it’s too late and give you documentation you can present later to explain your reasoning.
Recent case: Luana worked as a manager of a Family Dollar store and was paid a salary of $733 per week, plus several thousand dollars in bonuses each year. She managed more than two employees and worked an average of 56 hours per week.
Family Dollar classified her as an exempt executive employee and didn’t pay her overtime for the hours beyond 40 per week that she worked.
Luana sued, alleging she should have been classified as an hourly worker, making her eligible for overtime pay.
She claimed she spent most of her time doing menial tasks like stocking, working the cash register, cleaning and otherwise making sure the store looked organized and inviting.
Company representatives testified that Luana was by far the highest-paid employee at her store. During her tenure, most employees earned just $8 per hour.
Plus, Luana was responsible for scheduling, balancing the books, disciplining employees and screening job applicants for interviews.
Her direct supervisor visited the store only once a month and was responsible for many additional stores within several hundred miles.
The court tossed out Luana’s claim. It reasoned that Family Dollar had proven that Luana’s primary function was managing the store with little supervision and plenty of discretion in how to do her job. She was therefore exempt under the executive category, even if she spent a great deal of time doing the same work as the subordinates she supervised at the same time. (In Re Family Dollar FLSA Litigation, Scott v. Family Dollar, No. 3:08-CV-110, WD NC, 2013)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- FLSA retaliation: New DOL fact sheet
- Business facing financial difficulties? Don't let supervisors alter hours worked
- Can't stop employee from working off the clock? Fire him for willful misconduct
- State pay law now covers out-of-state employees working in California