[CAUT] job description

Wimblees@aol.com Wimblees@aol.com
Wed, 7 Dec 2005 10:55:23 EST


---------------------- multipart/alternative attachment
=20
In a message dated 12/6/2005 6:38:02 PM Central Standard Time, =20
dporritt@mail.smu.edu writes:

Wim:=20
In August of 2004 the labor department (federal) made  some rules changes=20
that tightened up the criteria for exempt and non-exempt  status.  HR here c=
ould=20
not make my job non-exempt and follow those new  rules.  Fully 50% of our=20
staff was changed at that time to non-exempt  status to keep the school lega=
l.  =20
Frankly, I am happy to be hourly.  The term  =E2=80=9Cexempt=E2=80=9D means=20=
that the=20
employer is exempt from paying you overtime.   They can require you to be th=
ere all=20
kinds of crazy hours and they don=E2=80=99t have  to pay you anything but yo=
ur salary. =20
I=E2=80=99m personally thrilled to death  that if I come in for a Sunday tun=
ing, I=20
clock in and out and take a short day  later in the week.  They don=E2=80=
=99t want me to=20
do overtime as that would  stretch the budget.  I can=E2=80=99t think of why=
 I=E2=80=99d=20
want them to be exempt from  following labor laws.  =20
If you really want the exempt status, check current  labor laws before you=20
write the job description so you can word it like you  want it.  I know=20
supervision of a certain number (?) of people counts,  but I don=E2=80=99t k=
now the other=20
criteria.=20
dp=20
=20
David M.  Porritt



Dave & Fred
=20
Your reasons for wanting to stay on hourly are probably very legitimate.  Bu=
t=20
for me that is not an issue. In the 4 and a half years since I've been here,=
 =20
I've never been "forced" to work hours I didn't want to. I don't mind coming=
=20
in  on a Sunday to tune for a concert or recital. Most of the time it's righ=
t =20
after church anyway, and the school is only a couple of block from my church=
.=20
(I  live 7 miles from both of them.) A couple of times I've been asked to be=
=20
here on  Saturday, and I put in for comp time, and got it. But again, it=20
hasn't been  enough to say I am being taken advantage of.=20
=20
I am allowed a great deal of flexibility with my hours. So far no one has =20
ever questioned me about what hours I work. So for me to go to professional=20=
=20
status is not that big a deal, with one exception. As an hourly staff, I  on=
ly=20
get one day per moth personal leave/vacation days. As a professional staff,=20=
 I=20
get one and a half days per month. That's basically a week per year.  That c=
ome=20
sin handy during the summer. And with the extra days, I can also  schedule=20
some weekends off if I feel like it, (s long as they don't interfere  with=20
concert schedules).
=20
As far as qualifying for professional staff, when I talked with the people =20
at HR, they told me they use the LOB definition. SoI looked it up, and this=20=
is =20
what it says.=20
=20
"Applicable to employees who perform work requiring advanced knowledge and =20
education, work in an artistic field which is original and creative, work as=
 a =20
teacher, or work as a computer system analyst, programmer, software engineer=
,=20
or  similarly skilled worker in the computer software field; who regularly=20
exercise  discretion and judgment; who perform work which is intellectual an=
d=20
varied in  character, the accomplishment of which cannot be standardized as=20=
to=20
time; who  receive a salary which meets the requirements of the exemption=20
(except doctors,  lawyers, teachers and certain computer occupations); and w=
ho do=20
not devote more  than 20% of their time to work other than that described=20
above."
=20
I think I qualify for all of this, and the salary I was told has to be  abov=
e=20
$35,000, which also qualifies me. =20
=20
Thank you, Alan, for your description. I will make a few minor changes, but=20=
=20
for the most part, that is exactly what I wanted.
=20
Wim=20




---------------------- multipart/alternative attachment
An HTML attachment was scrubbed...
URL: https://www.moypiano.com/ptg/caut.php/attachments/99/1c/0a/d9/attachment.htm

---------------------- multipart/alternative attachment--

This PTG archive page provided courtesy of Moy Piano Service, LLC