If I'm classified as non-exempt and entitled to OT, can they revoke my status?
Question Details: I have been working through my lunch hour since the beginning of the year. My boss told me that the company doesn't pay for working through lunch but I still have to write down on timesheet that I did and that's how HR wanted it done. I approached HR about it - and was told I am non exempt and get OT, even when I work through lunch, so HR said to send the hours worked and they would pay me but I need to sign an affidavit when presented with a check. They also said I can no longer do OT without pre-approval when my workload requires me to put in extra hours everyday. Can they change my status to exempt?
If you meet the criteria to be exempt from overtime (paid a salary, not an hourly wage; paid at least $23,660 per year; and your job duties and responsibilities meet at least one of the "exemptions" which you can find on the U.S. department of labor website under "overtime"), then they can make you exempt, but only if you meet those criteria.
An employer can require you to get pre-approval to work overtime if you are non-exempt.