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    annatav's Avatar
    annatav Posts: 2, Reputation: 1
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    #1

    Feb 17, 2011, 07:08 AM
    Exempt and non exempt duties - what am I considered?
    I'm mainly inside sales rep, but also perform administrative duties such as answering/transferring calls, mail, packages, write reports for VPs. I get paid salary and commission from my sales. My question is am I exempt or non exempt? How do I find out? Should the accounting/HR be able to tell me?
    Also, our company has slashed hours because "it's slow". Do they have a right to do this if I'm a salary employee? We're not allowed comp time and have to use personal/sick time for any time off.
    I'm so confused and would like to bring this up to the company, but it's so small that I feel there will be reprocussions. Recently there was a mandatory training during unpaid lunch which we didn't get paid for. They bought us food.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #2

    Feb 17, 2011, 07:25 AM

    Your HR department can tell you whether you've been classified as exempt or non-exempt. My guess is that they classified you as exempt, based on the fact that you are paid a salary plus commissions, and hence the unpaid training session during lunch.

    Yes, your company can slash hours and pay accordingly, regardless of whether you are exempt or non-exempt (unless you work under a contract that guarrantees your pay, which is highly unlikely for office workers in the US except for unionized workers).
    annatav's Avatar
    annatav Posts: 2, Reputation: 1
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    #3

    Feb 17, 2011, 07:54 AM
    Comment on ebaines's post
    Well, we have hourly (clock in and out) employees as well and it was during their lunch too. Should they have been paid?
    So basically because they classified me as exempt, they can treat me as they see fit? It seems like I have no legal rights.
    ebaines's Avatar
    ebaines Posts: 12,131, Reputation: 1307
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    #4

    Feb 17, 2011, 11:29 AM

    In theory yes, the non-exempt workers should be paid for every hour they work. But in the office environments I've worked in because there is a mix of exempt an non-exempt the non-exempts often get sucked into things like lunch meetings without pay. It's up to them to decide whether to take it up with their supervisor. In the past I've made accommodations, such as letting the non-exempts go home an hour early to make the correct 40 hour week.

    There are pros and cons to both exempt and non-exempt. As an exempt worker you presumably have more leeway in the specific hours you work (no clocking in and out), BUT you don't get paid overtime. Your pay is also probably better than the exempts - for example you mentioned you get commissions.

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