Not logged inAmerican Welding Society Forum
Forum AWS Website Help Search Login
Up Topic Welding Industry / Inspection & Qualification / Inspectors exempt from overtime or not.
- - By randywestman Date 08-13-2004 14:31
Our CWI's have been exempt from overtime for some time due to the discretion in their judgement they have in their jobs and the course of study they have had to go through to earn their designation. A clarification of the Fair Labor Standards Act (FLSA) which is effective in 10 days causes us to question if our CWI's can be exempt from overtime any longer.

How are other companies handling CWI and even their NDT people as far as overtime? Are they getting overtime or not? Has it been going on for sometime or have other companies contemplated/made changes recently due to the clarification of the rules?
Parent - By jon20013 (*****) Date 08-13-2004 16:06
It depends COMPLETELY on how the employer classifies (and deals with the working hours AND time off) of their employee.
Parent - - By thirdeye (***) Date 08-13-2004 17:11
I don't understand the exemptions that you are refering to, could you elaborate? Are the CWI's independant contractors or employees?
Parent - - By jon20013 (*****) Date 08-13-2004 17:37
He is referring to "EXEMPT" versus "HOURLY paid employee's.
Parent - - By jon20013 (*****) Date 08-13-2004 17:39
Copied below is some additional information. This information is more in regard to docking the time of EXEMPT employee's but I think you'll be able to get the gist of what may or may not be done by an employer.

Section 541.118 of the Fair Labor Standards Act says that subject to a few exceptions, a salaried exempt employee must receive his full salary for any week in which he performs any work without regard to the number of days or hours worked. While the exceptions are rare, it is sometimes possible to make a deduction from an exempt employee's pay without defeating the exemption status.

„FƒnDeductions may be made if an employee is absent for a complete day for personal reasons, other than sickness or accident. Thus, if an employee is absent for a full day to handle personal affairs, his pay can be docked. If an employee is absent 1 1/2 days for personal reasons, you can only deduct for the day where the employee missed a complete day.

„FƒnIf your company has a bona fide plan that provides paid time off for your employees, you can dock an exempt employee's pay if they miss a complete day from work, even if the absences are for sickness or an accident. A key point is that your plan must be communicated in advance to your employees. You could, for example, have a policy that says "Employees are allowed five paid sick/personal days (or 40 hours) per year. Each time you miss work, your 'bank' of hours will be docked for the equivalent number of hours you are absent." Thus an employee is being paid if he misses time from work. If an employee has exhausted all of his hours, or he is not yet eligible to receive any hours, and he misses a complete day of work, his pay can be docked.

However, if he has exhausted his hours, and he works any part of a day, he must be paid for the entire day.

„FƒnMany companies do not have a formal sick/personal day program for their exempt employees. In this situation, if an employee works any part of a work week, the employee must be compensated for the entire work week. Thus if an employee comes in on a Monday morning and works for 15 minutes, then goes home sick and misses the rest of the week, the employee must be paid for the entire week. However, if an employee misses an entire week of work, then his pay can be reduced.

„FƒnDeductions may not be made from an employee's pay if a business temporarily closes and work is not available, unless the business closes for an entire week. Thus if an exempt employee works on Monday, and the business is closed for the remainder of the week, the employee must receive his full salary for the week.

„FƒnMany companies have a practice of suspending employees without pay for reasons related to poor performance, attendance, or other disciplinary matters. Exempt employees can be suspended without pay only for reasons related to "safety violations of major significance." Therefore, if you suspend an exempt employee for reasons related to performance, attendance, etc., the suspension must be with pay. However, if you suspend the employee for a week or longer, the suspension can be without pay, because the employee did not perform any work in a work week. This is a somewhat controversial issue, because the FLSA says you can only make decisions for serious safety violations. However the regulations also say you do not have to pay an employee if no work is performed in a workweek. The Department of Labor will support a full week suspension for any reason, but some courts may overturn this decision because the employee is "ready, willing, and able" to work.

„FƒnIn an employee's initial and terminal weeks of employment, you only have to pay for the number of days actually worked in the week.
Keep in mind that if an employer violates any of the rules listed above, it could "defeat" the exempt status of an employee, and the company would be liable for any overtime the employee has incurred in the past, and into the future.
Parent - By thirdeye (***) Date 08-13-2004 20:58

Thanks for the information. In looking at the definations of professional exemptions, it does not seem that the group that I work with QA/QC/NDT meet all of the requirements. I'm looking forward to reading the replys on this subject.
Parent - - By RonG (****) Date 08-13-2004 20:30
Comp. time!
Parent - By jon20013 (*****) Date 08-16-2004 13:08
Very few employers offer comp time anymore either because it's such a pain to keep up with. One of my previous employers paid straight time for overtime even though we were exempt employee's ~ which I thought was a pretty fair arrangement. In times past, being an exempt employee had it's advantages; no time cards, easier to take time off when needed, in exchange for the occassional "unpaid" overtime. However, nowdays more employers are treating their "exempt" employee's like "hourly" employee's... eventually it will probably come to a head (hopefully).
Up Topic Welding Industry / Inspection & Qualification / Inspectors exempt from overtime or not.

Powered by mwForum 2.29.2 © 1999-2013 Markus Wichitill