x-sender: governor.haley@sc.lmhostediq.com x-receiver: governor.haley@sc.lmhostediq.com Received: from mail pickup service by IQ12 with Microsoft SMTPSVC; Mon, 30 Mar 2015 17:38:34 -0400 thread-index: AdBrMd+CGyBX5rTtQuuzJYDUXMHNcw== Thread-Topic: Overtime rules From: To: Subject: Overtime rules Date: Mon, 30 Mar 2015 17:38:34 -0400 Message-ID: MIME-Version: 1.0 Content-Type: text/plain; charset="iso-8859-1" Content-Transfer-Encoding: 7bit X-Mailer: Microsoft CDO for Windows 2000 Content-Class: urn:content-classes:message Importance: normal Priority: normal X-MimeOLE: Produced By Microsoft MimeOLE V6.1.7601.17609 X-OriginalArrivalTime: 30 Mar 2015 21:38:34.0323 (UTC) FILETIME=[DFA1B230:01D06B31] CUSTOM Mrs. Heather Moore Moore LKN Realty 605 East Broad Street Statesville NC 28677 heathermoore00@gmail.com 70499908089 7049908089 COMM Overtime rules I am a Republican and a huge supporter of private industry having very little oversight from the government. However, I also support fair practices. I believe that when you work hard, your hard work should be rewarded. I am asking for your help in ending an unfair practice that targets salaried employees. The US Department of Labor has taken steps to help curb the misuse of "exempt" status and to ensure that workers are receiving a fair pay with the FairPay Overtime Initiative. While this is a great first step toward clarifying who and who not to classify as exempt, there is still more to be done. Those who work hard should be compensated accordingly; however this can become expensive for employers. Therefore, employers often use the "Exempt & Non-Exempt Guidelines" to write their job descriptions. They craft a job description that depicts the employee as not eligible for overtime when in fact he or she actually is. As a new employee, most people happily sign a job description; only to find out that their actual job duties in no way reflects the description. There needs to be more enforcement. Employees need to be paid based on duties, not on descriptions. I was hired as a manager, therefore exempt. I was paid a salary. However, I had no control or decision making authority whatsoever. When I complained to HR or supervisors about the lack of my ability to control anything within my own office I was brushed off. I even inquired how they could classify me a manager when I was not supervising anyone and my job duties did not reflect anything in the exempt status? Whenever I would question this I was simply told that in my "new hire packet" I had signed a form agreeing not to be paid overtime. Yes, my job description painted a lovely picture of me managing several things; however my actual job duties did not reflect this. After several weeks I found out from other mangers that they experienced the same thing. They were also classified as exempt, but had no authority; some of them managed 1 full time employee, but didn't really control that employee because he actually answered to a regional supervisor, not the on-site manager. Companies are using a signed job description as a way around paying overtime. I was not overseeing any employees and had no authority to make decisions. Also, on the point of salary and exemption from overtime, the law spells out some tests and rules to determine whether or not an employee meets the standard for exempt or non-exempt status. Discretion and independent judgment are some of the issues that help determine an employees 'status. For example, "implies that the employee has authority to make an independent choice, free from immediate direction or supervision. Factors to consider include, but are not limited to: whether the employee has authority to formulate, affect, interpret, or implement management policies or operating practices" and also keep in mind that "The exercise of discretion and independent judgment must be more than the use of skill in applying well-established techniques, procedures or specific standards described in manuals or other sources." Based on my most recent interaction, it is very clear that I am not exempt due to the fact that I am unable to make decisions on my own. This came directly from my supervisor. Per my supervisor - I do not have the authority to make any decisions on my own without direct input from either her or another supervisor. If you take away my ability to make decisions then you effectively take away my exempt status. Furthermore, there are several other areas where this employer is operating outside the employment laws and procedures. -Threaten to "dock" salary employees pay -Keep employees from reporting the ACTUAL hours worked. -Employees are also assigned to one "site", but in reality some work at 3 or more sites in one day. There is no reimbursement from traveling from site to site and if you question this you are once again threatened with pay being "docked" for refusing to work. -Required to run errands for the company in their own vehicle and also travel from site to site with no reimbursement. These type of problems run rampant throughout this company. I personally have worked at several of their sites in both North and South Carolina and it is the same everywhere. You have very dedicated and hard working employees who are working more than 40 hours and improperly classified as exempt. There are thousands, possibly millions of dollars owed to employees at this company for being incorrectly paid. Please take action by beginning an investigation into the practices of SL Nusbaum or direct this letter to the appropriate official who can help the employees of this company. Please help the employees of this company be fairly compensated for their overtime activities! Don't let this one employer have the ability to undercut others in this field through their incorrectly classified employee statuses. Urge them to allow employees to report actual time worked and be fairly compensated based on their job duties, not their job descriptions. If you need any further information please do not hesitate to contact me. I have also included contact information for the employer who is currently incorrectly classifying employees. Thank you for your anticipated cooperation. Sincerely, Heather Moore (704) 990-8089 Company Info: SL Nusbaum 1700 Wells Fargo Center 440 Monticello Avenue Norfolk, Virginia 23510-2670 Tel: (757)627-8611