FLSA reclassified

[LJS1968]

Jurisdiction

Ohio

I was hired 2014 as an Exempt full-time Graduate-level clinically-licensed Managed Medicaid Plan case management position. Today our HR Director mandated an "informal (her word)" meeting during which only my professional job title peers were told we have all been reclassified by U.S. Department of Labor FLSA/ Fair Labor Standards Act to Non-Exempt status. We were all hired Exempt, seem to meet the Salary- Educated Professional-& Tasks tests criteria and are unsure why this is happening or our rights regarding this seriously unwanted change. Please inform/advise us.

 

[army judge]

Your HR Director gave you a reason, when you were told, according to your TOP POST; of your reclassification by the US DoL.

I suggest you inquire of your HR Director if you desire more specificity.

You have the right to resign, and seek new employment.
You have the right to found your own company and outfit yourself with any moniker, title, or name you mandate.

As far as you having a legal right to resist your new nomenclature, such right doesn't exist.

 

[adjusterjack]

We were all hired Exempt, seem to meet the Salary- Educated Professional-& Tasks tests criteria and are unsure why this is happening or our rights regarding this seriously unwanted change.

Non-exempt means you get paid overtime.

Why are you upset about that?

 

[Betty3]

Actually an employer can always classify you non-exempt even if you meet the exempt requirements. You can always be classified as non exempt but you cannot always be classified as exempt unless certain requirements are met.

 

[cbg]

Betty is absolutely right. Microsoft could classify Bill Gates as non-exempt if they wanted to pay the overtime, and it would be perfectly legal. If there is a question about whether a job qualifies as exempt or non-exempt, an employer is on safer ground legally by using non-exempt. Your employer is quite legal in this regard.

You do not have any right to be classified as exempt. There are no rights being violated here. You have the right to quit and find another job that will classify you as exempt if you want, but make sure you already have the new job before you quit because you won't get unemployment if you quit for this reason.

 

[txls]

Also the salary amount for exempt changed recently(or is about to change) which is probably what prompted this. For an employer it is much safer to classify you as non-exempt and pay overtime than to risk getting audited and the auditor decides you are mis-classified as exempt. No rights have been violated. Accept it.

 

[cynthiag]

I agree with txls that the upcoming salary level changes are probably what prompted the change to non-exempt. We have a number of formerly exempt employees who will be changed to non-exempt once the changes go into effect, for the simple reason that their salaries no longer meet the criteria for exemption.

 

[Betty3]

That is going to be a pretty big change in salary for exempt.