by bercnan72 » Fri Apr 01, 2011 12:13 am
You are currently an hourly employee, a non-exempt worker under the Federal Fair Labor Standards Act (FLSA), and unless your responsibilities have changed significantly, and you fall under the qualifications of an "exempt" employee, the company cannot arbitrarily, at their whim, change your status.
As a "non-exempt" employee you must be paid time and one-half for all hours worked over 40 in a workweek.
The reason that I can see for them changing your status is that they want to avoid paying the overtime and work you more than 8 hours in a day. However, be aware of the fact that there are "non-exempt" salaried employees who are covered under the "over 40 hours" provision.
Google "Fair Labor Standards Act" to determine if your new status is in line with the requirements of "exempt".
"According to the Baton Rouge office" of the company, or the State Department of Labor? If it is the State DOL, then contact the Federal Department of Labor, Wage and Salary Division for an answer and/ or to file a complaint.
When you are approached by management regarding your new status, request a Job Description listing all duties and responsibilities, as well as the "status" (exempt/ non-exempt), and the pay rate per week.