The job description for Doris Rowe's position as a bus company supervisor noted the job was ": EXEMPT." She was paid a fixed salary every two weeks regardless of the number of hours worked.
When Rowe exhausted her sick leave and vacation time after a serious ankle injury, the company allowed her to work part time. During that time she was paid by the hour. The following year she resigned and sued, claiming the company failed to pay her overtime under the Fair Labor Standards Act (FLSA).
The 9th U.S. Circuit Court of Appeals, however, said the fact that Rowe was paid by the hour while on a partial schedule didn't affect her exempt status under the FLSA.Paying anby the hour when on a reduced schedule under the Act ( ) doesn't change the employee's exempt status. Although the bus company never designated Rowe's part-time schedule as , the court said the leave was entitled to that protection. (Rowe v. Laidlaw Transit Inc., No. 00-35197, 9th Cir., 2001)
Advice: There is one sure-fire way to cut down on
misunderstandings about FMLA time: designate, designate, designate! Although the bus company eventually won, the case probably would not have been fought if the employer had properly designated the FMLA leave and notified the employee, since the law is clear that reducing pay for leave time doesn't affect FLSA status.
- Worker who can't perform her job isn't entitled to intermittent leave
- OK to redistribute work as FMLA leave nears
- When employee has used up FMLA leave, consider additional time off under the ADA
- FMLA: Worker may be protected even before she's eligible
- First suggestion needn't be last word: You're free to choose reasonable accommodation