Re: Changing Job Description while employed

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On 10/30/09, Amy wrote:
> I am currently a salaried employee with the title
> supervisor. My boss wanted me to do the duties of my
> subordinates... Should I be made an hourly employee since I
> will be working overtime and holidays?

1. the boss can change your job duties (unless you have a
contract promising you something else, and a "job
description" probably isn't a contract).

2. the law doesn't require overtime pay for "exempt"
employees (certain salaried supervisors, etc.), even if you
are required to work overtime/holidays.

3. but, if you regularly do what subordinates do/did, you may
no be longer "exempt" from overtime (if you ever were).

4. thus, the legal issue (regarding overtime) is whether
you're still an "exempt" employee (and being paid a salary
and having a supervisor title isn't enough).

if you're still exempt, you can ask for more pay (but they
don't have to give it). if you're non-exempt now, they owe
overtime (and a salary won't be legally sufficient).

so, to learn more about "exempt" supervisors (i.e., whether
you qualify as one), you may like to see the US Labor
Department fact sheet about the "executive exemption" at
http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17b_execu
tive.pdf online.

good luck.