Anyone know how far a business can go in denying exempt status?

How much can they screw with the job description on a regular basis just for that purpose?
Just curious - I've checked out the DOLI site for some basic info but can't seem to find anything much on what is/isn't kosher as far as how an employer can classify certain positions.

Any insight or sources that anyone could suggest would be appreciated!
Thanks!

An exempt person has to have hiring and firing authority, and do creative and non-repetitive work.

They classify everyone as exempt to get out of paying janitors and low level employees overtime. And they call them "managers" and "supervisors" when they have no hiring and firing authority.

but now find that 90% of RNs will walk off the job if they pull that shit.

They won't give up trying, though, and new hires are going to have to face the "work on salary or work somewhere else" ultimatum.

That would mean they don't have to pay you for any overtime you work.

be salaried/exempt and someone is trying to keep it a lower-paid position

as a primer then if you think you are outside of the exemptions,note the link at the bottom of the page for regional office contacts.
http://www.dol.gov/elaws/esa/flsa/screen75.asp

Just posted in this forum.

October 22, 2007

Dear Joyce: My job as an assistant manager requires an average of 50 hours a week. But, according to corporate statements, I am exempt from overtime under the executive exemption. Is this accurate?

Situations vary; you need to look closer. The burden of proof is on the employer. You may not be exempt and may be owed overtime. Here's the deal.

Revisions to the Fair Labor Standards Act (FLSA) took effect in August 2004. Even with the revisions, the FLSA is not always clear-cut and has become a hot potato for employees and employers alike in both large and small companies. The size of salary isn't decisive, nor is job title or job description in being considered exempt from overtime. (A rose is a rose is a rose, no matter how much you pay for the bush and then call it a camellia.)

To really be exempt from overtime, you must qualify for one of the specific exemptions provided by FLSA. In addition to the executive exemption you cite, there are others. Examples: an administrative exemption, professional exemption, computer-employee exemption and outside sales exemption.

A number of well-known corporations recently have lost overtime suits. Misclassifying assistant managers is not uncommon, so you may or may not have a case. Do some preliminary free checking into your situation on these Web sites:

Department of Labor: www.dol.gov/compliance/laws/comp-flsa.htm.

Working America's "Ask a Lawyer About Your Job:" workingamerica.org/askalawyer.