QUESTION
What can be dpne to change my current emempt position to a nonexempt position?
Asked on Feb 27th, 2018 on Labor and Employment - Pennsylvania
More details to this question:
I am an RN and work in utilization review. The position is the least professional position I have had. It does not meet the FLSA standards for exempt. The position is task driven and the most routinized position I have had in 42 years as a professional nurse. Management expects long hours, but there is no flexibility. The only goals is to complete the heavy assignment each day.
1 ANSWER
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Your classification as an employee for wage purposes is not something you and your employer can agree to. Your classification is determined by an application of your actual job duties to the language of the applicable law. There can certainly be gray area. I'm not aware of any precedent concerning utilization review nurses but perhaps that exists and would inform your proper classification. An attorney could research that for you. Or you could file a complaint with the department of labor for misclassification and they could investigate it. Your employer cannot terminate you for filing the complaint -- that would be unlawful but it won't make for a comfortable employer/employee relationship going forward.
Answered on Feb 28th, 2018 at 2:35 PM