Exempt status violated?

[td2306]

I am an engineer and an exempt salary. Recently, I was asked to perform 2 additional duties: IT supports and production supervisor (both are non-exempt salary positions from my company) without any additional compensation. Just wonder if this is a case of exempt status violation?

My next question is whether I can refuse the extra responsibilities if no additional compensation is provided or without jeopardizing my job?

Thanks,

 

[Patricia_Young]

This does not invalidate the exempt status unless the nonexempt tasks become more than 50% of your responsibilities.


It is legal to add responsibilities without an increase in pay unless you have a bona fide employment contract that addresses this situation.

 

[td2306]

Thanks for your response. Another question, I was non-exempt from 2005 - 2007 but mandate to work 50hrs/wk, any hour that above 50hrs was then paid as OT. Was that legal to do so? ie. pay OT after 50hr not 40, 45?

 

[theretoo]

http://www.dol.gov/dol/topic/wages/overtimepay.htm

Requiring you to work over 40 hrs a week without overtime pay is illegal as a non exempt employee. You can file a complaint with the US Department of Labor in your area.

 

[Patricia_Young]

Thanks for your response. Another question, I was non-exempt from 2005 - 2007 but mandate to work 50hrs/wk, any hour that above 50hrs was then paid as OT. Was that legal to do so? ie. pay OT after 50hr not 40, 45?

Probably not, although the statute of limitations for a wage and hour claim has passed for any work performed before November 2006, and that is the outside time frame; could be less.