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Employment Law/Merged companies same job paid different


One  company buys out another.  One company paid salary the other hourly. The company that bought out the other pays their employees on a salary basis and consider thier customer service employees to be exempt. While the company that was bought out considered their customer service employees non exempt.   The definition of administrative under the exempt law is very unclear. Which company is right in their definition of of our position.
As a CSR I am responsible to quote jobs orders, up sell clients, process orders , track progress,  and bill orders. I am not paid commission on anything I up sell. Am I exempt or non exempt.?

I would consider this a non exempt position and paid hourly.  I do not see an exemption for this job to the FLSA.

I would contact the Department of labor and tell them you feel you are misclassified as salaried when you should be hourly and have them make a determination. They will let the company know that you are hourly not salaried.

In the meantime I would keep track of any overtime hours worked you will need dates and times to recoup the overtime wages.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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