My employer in Louisville has given me a bunch of new “executive” duties that I’m sure will take me over 40 hours a week, but he says I won’t get overtime because he’s changing me to being a salaried employee. Is this legal?

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That depends on a number of factors. The Fair Labor Standards Act (FLSA) states that exempt executive job duties include all of the following:

  • You regularly supervise at least two other employees;
  • Management is the primary focus of your job; and
  • You influence the job status of other employees by such actions as hiring, firing, promoting, or assigning work.

You must supervise two full-time, regular employees or the equivalent of part-time employees. For purposes of this requirement, two part-time employees equal one full-time employee.

Because your primary duty must be management, the FLSA regulations list the following as typical management duties:

  • Interviewing, selecting, and training employees;
  • Setting rates of pay and hours of work;
  • Maintaining production or sales records (beyond clerical work);
  • Appraising productivity;
  • Handling employee grievances;
  • Disciplining employees;
  • Determining work techniques;
  • Planning the work;
  • Apportioning the work among employees;
  • Determining types of equipment or materials needed to perform work;
  • Planning work budgets;
  • Monitoring work for legal or regulatory compliance; and
  • Providing for the safety and security of the workforce.

Although executive exempt employees have input into personnel matters, they do not have to be the final decision makers. Their recommendations on these matters, however, are seriously considered.

So do you meet the criteria for an exempt executive employee? If you think you aren’t being classified correctly and your employer is taking advantage of you, contact a Kentucky class action litigation attorney at Gray and White Law. Call us toll free at 888-450-4456 or locally at 502-210-8942.