Q: I am an exempt full-time employee and my employer has rolled a part-time non-exempt job into my current job.
I am an exempt full-time employee and my employer has rolled a part-time non-exempt job into my current job. The hours for the non-exempt range from 5-30 per week and consist entirely of data entry. So my overtime is sometimes extreme, but no pay is received because this is now considered part of my official job which is exempt. I feel like there is a potential overtime violation here. What is the cut-off for the percentage of my work that has to be non-exempt to be considered non-exempt and is this the average per week or per year?
A: Your exemption depends on a number of factors which include your responsibilities, title, supervisory duties etc. Some employers misclassify employees as exempt and have them do non-exempt work which is violation of the FLSA. To determine your status, further information is needed about your position and tasks. A consultation may be worthwhile.
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