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Hello everyone, had a question about exempt employees I wanted to throw out there.
So I work at a group home that supports a number of gentleman with Autism. My title at work is "Assistant Residence Manager". My employees are all "Direct Support Professionals". (DSPs).
I am an exempt employee, my employees are not. However, since I have held this position, (15 months) we have been relatively short staffed. The field in general is quite a revolving door and group homes often have these problems.
Anyway, I generally work anywhere from 40-50 or more hours a week. Of course, as an exempt employee I am only paid as if I worked 40 hours. My agency does have a PTO policy that covers both sick and vacation time. My first question is- if I were to miss time (work less than 40 hours, which is very rare) what guides my employer with regard to pay deductions in the case that I had no PTO in my bank? This is just theoretical, I have plent of PTO but I am just curious.
I have seen that an employer may not deductions for less than a full days work. Does that mean for less than 8 hours? Or, does that mean an employee must actually not be present for a workday they would normally work?
For example, if I worked 36 hours in a week, but all of those hours were crammed into three days...(out of necessity, to cover open shifts) could my employer deduct four hours from my pay? Or would they be forced to pay me my full salary as 36 hours is the equivalent of 4.5 days of work?
My other question, and this concerns me a good deal more- is whether or not my position should be considered exempt. I know that there are a series of tests to determine exemption, and that administrative and professional positions are some that qualify for exemptions. However, I would say that easily 75% of my time spent at work is covering shift vacancies that would otherwise be filled by regular, non-exempt employees...if we had them. I'm expected to complete the rest of my managerial duties in this time as well. That includes requisitions, communicating with parents, scheduling all of the floor staff and supervisors, as well as supervising shifts.
While our staff shortage is a real issue, it seems a little fishy that my agency can potentially have me work ten or more hours over the 40 I am paid for, and that those hours are always covering shifts that they would have to pay an hourly employee overtime to do- yet they get away with paying me nothing. I'm doing the same duties as the floor staff would, keep in mind.
In addition, I am also on call 24/7, even when I am "off".
I only make $34,000 per year. (They call me exempt, but this works out to $16.35/hr without any option to make overtime.)
My floor staff and floor supervisors make between $27040 and $30160 per year ($13-$14.5/hr) but they have the option for overtime.
This means a regular employee only needs 6.8 hours of OT before they exceed my puny salary. A supervisor only needs 3 hours.
Keep in mind that 50-75% of the time (and 100% of the time if I'm over my 40 hours) I am doing the same work duties as them.
Should I be considered exempt in this situation? It really smells off to me. Any insight would be most appreciated.
Hello everyone, had a question about exempt employees I wanted to throw out there.
So I work at a group home that supports a number of gentleman with Autism. My title at work is "Assistant Residence Manager". My employees are all "Direct Support Professionals". (DSPs).
I am an exempt employee, my employees are not. However, since I have held this position, (15 months) we have been relatively short staffed. The field in general is quite a revolving door and group homes often have these problems.
Anyway, I generally work anywhere from 40-50 or more hours a week. Of course, as an exempt employee I am only paid as if I worked 40 hours. My agency does have a PTO policy that covers both sick and vacation time. My first question is- if I were to miss time (work less than 40 hours, which is very rare) what guides my employer with regard to pay deductions in the case that I had no PTO in my bank? This is just theoretical, I have plent of PTO but I am just curious.
I have seen that an employer may not deductions for less than a full days work. Does that mean for less than 8 hours? Or, does that mean an employee must actually not be present for a workday they would normally work?
For example, if I worked 36 hours in a week, but all of those hours were crammed into three days...(out of necessity, to cover open shifts) could my employer deduct four hours from my pay? Or would they be forced to pay me my full salary as 36 hours is the equivalent of 4.5 days of work?
My other question, and this concerns me a good deal more- is whether or not my position should be considered exempt. I know that there are a series of tests to determine exemption, and that administrative and professional positions are some that qualify for exemptions. However, I would say that easily 75% of my time spent at work is covering shift vacancies that would otherwise be filled by regular, non-exempt employees...if we had them. I'm expected to complete the rest of my managerial duties in this time as well. That includes requisitions, communicating with parents, scheduling all of the floor staff and supervisors, as well as supervising shifts.
While our staff shortage is a real issue, it seems a little fishy that my agency can potentially have me work ten or more hours over the 40 I am paid for, and that those hours are always covering shifts that they would have to pay an hourly employee overtime to do- yet they get away with paying me nothing. I'm doing the same duties as the floor staff would, keep in mind.
In addition, I am also on call 24/7, even when I am "off".
I only make $34,000 per year. (They call me exempt, but this works out to $16.35/hr without any option to make overtime.)
My floor staff and floor supervisors make between $27040 and $30160 per year ($13-$14.5/hr) but they have the option for overtime.
This means a regular employee only needs 6.8 hours of OT before they exceed my puny salary. A supervisor only needs 3 hours.
Keep in mind that 50-75% of the time (and 100% of the time if I'm over my 40 hours) I am doing the same work duties as them.
Should I be considered exempt in this situation? It really smells off to me. Any insight would be most appreciated.
Thanks in advance!!
On call 24/7 for 34K a year? f..k that
Dude get a better job or make them pay for you double for being on call 24/7 you should be non exempt and get paid overtime.
Sounds like a cheap company NO OFFENSE
All I know is if im in a position where im on call 24/7 I better be damn paid REALLY good I hate personal interuptions
Last edited by Mr.Professional; 04-08-2015 at 05:22 PM..
I'm not the first line to be on call on Fridays and Saturdays which are my day off. Also shift supervisors are expected to handle situations if they can, I only get disturbed when it's a serious situation they can't handle.
But yes it is a pain to know I could receive a call at any time.
There's not much money to be had in this field, my agency is a not for profit. But I really enjoy the work and making six figures has never been a life goal of mine. I just want to make a decent living.
If you worked 36 hours over 3 days because you were scheduled for only 36 hours, they can't deduct; salaried employees cannot be docked pay for lack of work. If you worked 36 hours, were scheduled another day but didn't come in, they can deduct from your PTO or dock your pay.
It's not particularly unusual for low-level supervisory employees to effectively make less than their employees per hour, unfortunately. If you're setting the schedules for the other employees as well as supervising them, you're probably legitimately exempt.
I'm not the first line to be on call on Fridays and Saturdays which are my day off. Also shift supervisors are expected to handle situations if they can, I only get disturbed when it's a serious situation they can't handle.
But yes it is a pain to know I could receive a call at any time.
There's not much money to be had in this field, my agency is a not for profit. But I really enjoy the work and making six figures has never been a life goal of mine. I just want to make a decent living.
I would expect to get something in return for being on call if you don't mind having your time interrupted that really lowers work life balance you should at least ask for money or something whether overtime or on call unless you don't mind working for free but I would not want to see you in that position
Exempt or Non-Exempt something should be returned because your personal time gets interrupted.
Its good thou you at least enjoy what you do.
Location: East of Seattle since 1992, 615' Elevation, Zone 8b - originally from SF Bay Area
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They can do whatever they can get away with, but you should only be charged PTO for the hours you would work normally, that is 8. If you work less than 8 hours on any given day you would have to use PTO or not get paid. Unless arranged and agreed upon with the employer, working over 8 hours one day does not bank that time for another day when you are exempt. They might agree to let you leave 2 hours early tomorrow for an appointment if you work two hours longer today, but don't have to. I would take your hourly pay rate and divide into the hours worked, and make sure you are still getting enough per hour to be worth staying there.
If you are a manager-you are exempt. As long as you make over $450.00 a week.
Sucks doesn't it?
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