Something Is Not Right

jamesbrown

Guys, My currently employee was supposed o fill two position. Both full time exempt position. It seems like they are having problemfilling the other vacancy. Now, they posted the other one as non-exempt. I'm exempt. What should I do? Am I screwed or what?

Guys, I need help.

Essendon

Why do you think you are screwed? Do you think you'd get fired or something?

jamesbrown

Essendon wrote: »

Why do you think you are screwed? Do you think you'd get fired or something?

No, because they might make me work over time without getting paid for it but the other guy will not have to work over time at all.

TLeTourneau

jamesbrown wrote: »

No, because they might make me work over time without getting paid for it but the other guy will not have to work over time at all.

Don't know where you are and labor laws differ. Where I'm from if the new hire has a similar title and duties and one position is exempt and the other isn't then you can file a complaint with the Department of Labor. The company will then have to explain the difference, and if the positions are substantially similar either make them both exempt or hourly. But again, laws differ.

jamesbrown

TLeTourneau wrote: »

Don't know where you are and labor laws differ. Where I'm from if the new hire has a similar title and duties and one position is exempt and the other isn't then you can file a complaint with the Department of Labor. The company will then have to explain the difference, and if the positions are substantially similar either make them both exempt or hourly. But again, laws differ.

That's exactly what I'll do.

hackman2007

Just so you know, if you do file a complaint with the DOL, be sure you have not committed any types of mistakes at all. I'm not saying the company will look closely at your performance, but there is a good chance they might not like being reported to the DOL. Make sure you know what you are doing before you complain. Perhaps getting clarification from HR first? Perhaps it was just a mistake?

swild

Yes, ALWAYS try to take care of the problem in house before complaining to the government. And just because it is advertised that way doesn't mean a whole lot. See what happens when it is filled. Talk to HR, it's what they are there for. Then to that HR person's boss, then your boss. When none of that works, talk to the govenment or consult with a lawyer, or worse a union rep.

I have had to threaten bringing in a lawyer to my HR rep. You should have seen his face. The next day, the problem was solved.

TLeTourneau

Sorry, I did jump to the last resort option without any further information. Try to resolve it internally but be prepared for pushback. I don't know what the culture is like there but I've worked at some places that would terminate you, or threaten to, just for questioning them about something like this (not fun places to work and I'm glad I don't work in those places anymore).

Heero

TLeTourneau wrote: »

Don't know where you are and labor laws differ. Where I'm from if the new hire has a similar title and duties and one position is exempt and the other isn't then you can file a complaint with the Department of Labor. The company will then have to explain the difference, and if the positions are substantially similar either make them both exempt or hourly. But again, laws differ.

This exactly. A position is either exempt or non-exempt based on the essential job functions. Your job and the job they made non-exempt need to be different enough to justify it being non-exempt. If they are the same jobs, or similar enough to not warrant it being changed to non-exempt, what they are doing is technically illegal.

How you approach this is important though. No employer likes to be called out on illegal hiring practices.