---------------------- 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--
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