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If they truly do not qualify as exempt, then the company is breaking the law.
This seems like a silly comment... It sounds like your problem is with the enforcement of the law, not a problem with the law itself.
That is true. I do think the law could be better enforced. That's a good way to put it
But I think we're straying too far from the original point (which is probably my fault) which was how exempt status and flexibility are not necessarily linked and instead, the result of the employers decisions concerning what he needs to do in order to attract and retain the talent he needs to run his business.
BTW, while googling, I read an article in which the reverse happened - A corporation inappropriately classified executives as non-exempt and then reduced their hourly rate by an amount that was calculated to bring their employees up to a similar income when including their overtime.
More American workers sue employers for overtime pay
Many companies have reclassified salaried executives as hourly employees — often to the consternation of the workers themselves, says Dan Yager, general counsel of the HR Policy Association, which represents human resource professionals. Such a strategy lets employers head off lawsuits by paying a lower basic wage that accounts for expected overtime.
Not sure why they did this :shrug: