Full question:
If you are hired as an exempt employee with benefits offered to exempt status can you employer change you to non-exempt when you job description has not changed at all. Thereby losing 2 weeks vacation
- Category: Employment
- Date:
- State: New York
Answer:
The ability of an employer to change an employee's classification from exempt to non-exempt depends on various factors, including whether the employee was misclassified in the first place. Under the Fair Labor Standards Act (FLSA), an exempt employee is one who falls within specific statutory exemptions and is not entitled to overtime pay. The classification is determined by the employee's actual job functions, not merely by the employer's description or title.
Exemptions typically include the executive, administrative, and professional categories, each with specific criteria. For example, the executive exemption requires that the employee manage a business or department and supervise at least two employees. The administrative exemption applies to employees involved in management policy or general operations, while the professional exemption applies to those in advanced fields requiring specialized knowledge.
It's important to note that if an employee's job responsibilities do not meet the criteria for these exemptions, the employer may need to classify them as non-exempt, which could affect benefits such as vacation time. Employers should regularly review employee classifications to ensure compliance with FLSA standards and minimize potential legal exposure.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.