From Non-Exempt to Exempt

Hello,

I'm currently working on an hourly basis and am trying to negociate my way into a better salaried position within the company. I've been told that, due to Florida labor laws they cannot change me from hourly or non-exempt to salaried or exempt even if it's for a different position. I've attempted to do my research on this issue but come up empty handed? Would someone be able to verify if this is state law?

Have you reviewed FLSA-fair labor standards act. This should help out.
I do know that if the position changes and the duties change and the changes match up with a salaried/exempt status, then you can be changed....it all lies with the major duties of the job.

I'm not in Florida, and can't comment on their laws, but this sounds to me like an excuse or a negotiating position.

Ultimately, if my boss doesn't want to do something I want her to do, she will come up with logical-sounding reasons. When that happens, I know it's a lost cause and drop it. After documenting the conversation with my personal notes, of course.

The laws that apply to exempt and non-exempt status is governed by Federal Law which is a higher governing body than the state law in Florida. It sounds like your manager made up that story, hopefully you were not told that by your HR department. Google FLSA which should take you to a federal website which will end in ".gov" Not ".com"

My experience is that when they come up with some stupid excuse for doing what I want them to do, and it makes no sense, they are saying "there's just no way we're going to do this, and any good reason you come up with to do it will have no effect, so don't ask any more."
If on the other hand there is such a law in Florida, it sounds a little suspect to me. An employer isn't free to advance an employee? An employee can only be promoted if it's to a higher, but still non-exempt position? As I implied, this makes little sense to me.

Jacemg in Ormond Beach, Florida said: Hello,

I'm currently working on an hourly basis and am trying to negociate my way into a better salaried position within the company. I've been told that, due to Florida labor laws they cannot change me from hourly or non-exempt to salaried or exempt even if it's for a different position. I've attempted to do my research on this issue but come up empty handed? Would someone be able to verify if this is state law?

Technically, anyone in the company can be non-exempt. Exempt is the one that you have to prove to use. You could even have your CEO as non-exempt. Now that would not be smart fiscally, but the DOL assumes everyone is non-exempt until you prove they can be exempt by the rules.