Can a contract employee be salaried exempt?
Can a contract employee be salaried exempt?
(OP)
Here's the scenario:
I work for company A who does contract design and engineering work for company B here in NC. Company A is a semi-permanently embedded contractor for company B. In January of this year, company B told my previous contract employer to hit the road and company A picked us up in our current positions. 7 out of 9 of us received salaried-exempt status (they didn't feel the other two qualified). I work as a Mechanical Designer. I have an AAS degree and 2 years expericance.
I don't feel I qualify on 2 counts:
1. I don't meet the test of being able to make decisions that affect the company because everything I do must be approved by a company B engineer. I can't just draw something up and tell our construction guys to put it in.
2. Working as a contract employee, I didn't think it was legal to be salaried-exempt. GE had a huge problem with this a few years ago, and now contract employees can only work for 1 year and must have a 90 day gap between years.
Thanks,
Mechanical/Civil Designer in NC
I work for company A who does contract design and engineering work for company B here in NC. Company A is a semi-permanently embedded contractor for company B. In January of this year, company B told my previous contract employer to hit the road and company A picked us up in our current positions. 7 out of 9 of us received salaried-exempt status (they didn't feel the other two qualified). I work as a Mechanical Designer. I have an AAS degree and 2 years expericance.
I don't feel I qualify on 2 counts:
1. I don't meet the test of being able to make decisions that affect the company because everything I do must be approved by a company B engineer. I can't just draw something up and tell our construction guys to put it in.
2. Working as a contract employee, I didn't think it was legal to be salaried-exempt. GE had a huge problem with this a few years ago, and now contract employees can only work for 1 year and must have a 90 day gap between years.
Thanks,
Mechanical/Civil Designer in NC





RE: Can a contract employee be salaried exempt?
However if company 'B' is essentially a 'job shop' then it does seem a bit odd you're regarded as salary exempt.
Of course, this is kind of a legal question, so it might be better asked of legal, or at least HR, types.
I think similar has come up before, maybe look at forum784: Engineer Business Practices and Issues or forum731: How to Improve Myself to Get Ahead in My Work.
What is Engineering anyway: FAQ1088-1484: In layman terms, what is "engineering"?
RE: Can a contract employee be salaried exempt?
RE: Can a contract employee be salaried exempt?
Maybe I am missing something?
RE: Can a contract employee be salaried exempt?
When I brought it to the attention of the HR person in company B, who made the decision to make us exempt, she told me that she was told that we were all engineers. Only one out of 9 is a PE, the rest of us at best have AAS degrees. Then they used the "Administrative Test" for determining exemption stating that we have to use "discretion and independant judgement" in our work since we no longer fit into the "Professional" catergory. In fact, the manual that I printed and showed to the manager states that "Engineering Technicians" is a non-exempt profession. That's what my degree is, no matter what they *call me*, I have a degree in Civil Engineering Technology.
RE: Can a contract employee be salaried exempt?
So a question back to you. Why do you care whether you are exempt or non-exempt? In my experience folks that had this discussion were always concerned with pay. Nothing wrong with that. What usually happens is somebody that was paid hourly was used to getting overtime, then they get switched to exempt and then realize oh crap now I don't get overtime.
RE: Can a contract employee be salaried exempt?
I would feel bad about complaining about it if the host company didn't post record profits last year. I'm talking about them *shattering* previous records.
RE: Can a contract employee be salaried exempt?
So now you can probably either:
1. Go to the labor board or whatever your state has to see if they'll intervene.
2. go to a lawyer.
3. Exercise your leave it option and find alternative employment.
The situation is unfortunate, you have my sympathy, but it doesn't sound like they'll be convinced by arguments from you about what the law says etc.
What is Engineering anyway: FAQ1088-1484: In layman terms, what is "engineering"?
RE: Can a contract employee be salaried exempt?
Chris
SolidWorks 09 SP4.1
ctopher's home
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RE: Can a contract employee be salaried exempt?
RE: Can a contract employee be salaried exempt?
"Art without engineering is dreaming; Engineering without art is calculating."
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RE: Can a contract employee be salaried exempt?
Question 2) Why does HR think you are an engineer?
Question 3) If HR believes you are an engineer why are you allowing thins if you are a designer.
In my experience designer have a two year degree to allow them to get closer to first cut accuracy, however as you have stated above you are directed by and get approval of work from an engineer.
I would sit down with HR and inform them that you are currently misclassified (HR is unlikley to know whether you are and angineer or not unless you tell them). Ask them if they plan to rectify this misclassification.
If they give you the runaround I would go to the labor board as suggested above, followed by a layer. Due to your misclassification you can likley go to court and win a lawsuit (I have seen this happen before), they will likley be required to pay up for all previous unpaid overtime and classify you properly in the future.
While doing all of this I would also seek other employment.
Just my two cents.
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RE: Can a contract employee be salaried exempt?
Mike McCann
MMC Engineering
Motto: KISS
Motivation: Don't ask
RE: Can a contract employee be salaried exempt?
Even beyond your current employer it is possible to get a bad reputation.
Not saying this means you shouldn't stand up for yourself, just don't be deluded that all will be well once you do.
What is Engineering anyway: FAQ1088-1484: In layman terms, what is "engineering"?
RE: Can a contract employee be salaried exempt?
"Good to know you got shoes to wear when you find the floor." - Robert Hunter
RE: Can a contract employee be salaried exempt?
ColonelSanders83:
Like I said before, I've publicly fought this since I first heard about it, even before working for this company (see above posts from 08:34 and 10:29). I have not "allowed" this to happen without a fight. I did sit down with HR and was told to quiet down by the host company manager, who is a friend of my family, and so I did (but only within the company). He said there would be negative consequences if I didn't. So as stated by KENAT at 10:38, I don't have very many choices. My choice currently is to take it until something else opens up.
Hopefully they can find someone else to do mechanical, civil, and surveying drawings for what they pay me. I was in training to become a pipe sketcher too, but that ended after 4 months when the other sketchers ran out of work. I even spec'ed out the surveying equipment that I use to be over everyone else's head out here so that if they try to get rid of me, they'll have $8500 worth of paper weights. That's still the case right now.
You guys are right, though, about being happy to have a job. The civil/surveying firms that I tried to hire on with during the housing bubble have laid everyone off. So I am happy to be in PetroChem right now to at least feed my family.