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She works in a healthcare office here in Florida. She is classified as an "Hourly Exempt" employee. Typically she would work at least 40 hours per week. She would do some of the needed paper work at home, all in all she probably worked about 45-50 hours per week.
She has recently made a change to the amount of hours she is working. She is dropping down to 35 hours per week which is the minimum to still receive benefits etc..
My question is this. Since she is dropping down to 35 hours per week and is being paid for 35 hours per week, is she still considered an Exempt employee or would she now be classified as a Non-Exempt employee?
Most likely, she'll still be non-exempt, but any hours worked over 35 but under 40 will be paid at her regular rate of pay (instead of the overtime rate).
Most likely, she'll still be non-exempt, but any hours worked over 35 but under 40 will be paid at her regular rate of pay (instead of the overtime rate).
She works in a healthcare office here in Florida. She is classified as an "Hourly Exempt" employee. Typically she would work at least 40 hours per week. She would do some of the needed paper work at home, all in all she probably worked about 45-50 hours per week.
She has recently made a change to the amount of hours she is working. She is dropping down to 35 hours per week which is the minimum to still receive benefits etc..
My question is this. Since she is dropping down to 35 hours per week and is being paid for 35 hours per week, is she still considered an Exempt employee or would she now be classified as a Non-Exempt employee?
Usually the company can't have it both ways. Did her title change? Was she switched from the exempt position to a non exempt positions? All of these need to be answered.
With an Obama labor dept., the answer would have been clear. We no longer have a labor friendly President.
It's up to the employer as to how they want to classify her. I'd guess they'd keep her as exempt so they don't need to pay overtime rates.
Best of luck.
You just can't classify someone exempt if they are making 25K. There are some rules that must be met.
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