[papafelice]

hi all i m new in here, 12 month ago get transfer in the bay area, to try to rebuilding the kitchen in the restaurant, was not easy task,let s say i fail , no support from corporate ,for 12 month instead of doing the chef i was doing prep cook and line cook 14 hour a day every day.i m suppose be an exempt employee. now without the authorization of the gm or regional market i can not increase the hourly rate to the employee,then after ask i did have the approval because we were loosing hourly employee like apple failing from the tree.before  take any decision need the approval of the gm. spend 95 % of my time cooking .and prepping.now im in work comp, like 9 employee quit, now i m no there and the corporate with the help of the gm and manager hire i lot of people, my question is why do not help me to find people when i was there? i know most of you will say the because i was doing the job was not need to hire more people . i m exempt or not exempt?

 

[someday]

Your post is very confusing. We can't help you until you clarify. 

 

[papafelice]

A chef salary working 14 a day doing 95% of manual work is exempt or not exempt?

 

[someday]

My understanding is that if you make salary then you don't get paid overtime. If you make hourly then you should make overtime when you go above 40 hours a week. 

This isn't the best place to come for legal advice...there are lots of smart people here that may know the answers (or maybe just think they do) but nothing is for sure. You should look up laws for your state and then proceed with a lawyer if you need to. 

 

[kuan]

It depends on your salary.  In California it is $37,440.  If you make more than that you are probably SOL.

 

[ed buchanan]

Cant comprehend your questions?

 

[halb]

It all boils down to whether you are salaried or hourly. I believe the IRS is cracking down on this like they have been with independent contractors vs W2 workers. It's common practice for an employer to hire you as salaried just to get out of paying overtime. As I understand it, a salaried worker must have others under him that he is in charge of and supervises. I would think that as a chef you would fit that description.

 

[panini]

The current Federal laws state that if you are considered management you can only be exempt if you earn less than $ 455.00 wk/ $ 23,660.00 yr.

Currently there is nothing in place that constitutes management. Almost anyone can be deemed management.

In 2016 it is very likely that the Federal law will be, you are exempt if you earn less than $ 970.00wk/ $ 50,440.00yr. this will also effect

both managers and non-managers. So there will no longer be that abuse of management title.

Papafelice, I think you're SOL on this one. Sorry, as an owner, I think it's disgraceful.

Maybe corporations will now let someone with working knowledge run payroll instead of a bean counter that's in a cubicle in the basement.

 

[cstanford]

Try your post again when you get off Tuinal.

 

[halb]

Currently there is nothing in place that constitutes management. Almost anyone can be deemed management.

Not true but we're both right. This is what I was remembering.

From: http://www.dol.gov/whd/overtime/fs17b_executive.pdf

Executive Exemption
To qualify for the executive employee exemption, all of the following tests must be met:
• The employee must be compensated on a salary basis (as defined in the regulations) at a rate not less than $455 per week;
• The employee's primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise;
• The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and
• The employee must have the authority to hire or
fire other employees, or the employee's suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.

 

[panini]

@CStanford

Be nice. and you're also dating yourself.

I would bet money that Felice is from a different country. I'm thinking Italy.There is a lot of Felices in our family over there and when they try to speak english

they sound like the OP./img/vbsmilies/smilies/smile.gif

 

[someday]

Yeah. I had to google what the hell that was. Is it kind of like Qualuudes?

 

[panini]

Currently there is nothing in place that constitutes management. Almost anyone can be deemed management.

Not true but we're both right. This is what I was remembering.

From: http://www.dol.gov/whd/overtime/fs17b_executive.pdf

Executive Exemption
To qualify for the executive employee exemption, all of the following tests must be met:
• The employee must be compensated on a salary basis (as defined in the regulations) at a rate not less than $455 per week;
• The employee's primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise;
• The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and
• The employee must have the authority to hire or
fire other employees, or the employee's suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.

@HalB

You're right. I should have clarified. I really wasn't talking law there, I was talking reality. The same will probably hold true when the new laws are voted in but the pay rate will probably become

a reality. Hopefully.