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"LATEST LABOR REGS GOOD OR BAD FOR YOU? READ ON!"

Dear Kathryn:

They say be careful of what you wish for. Well, I'm the poster child for that slogan. I've shot myself in the foot, all because I stupidly thought "exempt" and a management title would be better for my psyche and future career.

I heard that there are new rules that could help me get my old non-exempt status back. Here are the details. I was originally an hourly-paid supervisor. When I worked overtime, I was paid at time and a half. I saw that the people in my company that were titled "managers" in an exempt role, got special perks like an extra week's vacation and were eligible for a year end bonus. Stupidly, when review time came up I painted a very strong picture about my year's successes and asked for the title of "manager" instead of the supervisor title I held.

My boss accommodated me and I got the extra perks. I also kept the extra sixteen hours worked weekly at no additional pay or comp time. In the beginning I thought it would all work out in the wash as I would get comp time, but that was a fantasy. I haven't been able to use any of my week's vacation to date, never mind, envision an hour of comp time. My duties haven't altered since I went exempt but my paycheck has-it's lessened!

My husband says it's my own stupid fault for asking for the manager title. I've added up the extra week's vacation and year end bonus and they don't total to one fifth of what I made in overtime pay. Can I pitch my boss that I want the non-exempt status back? I'm in a quandary, more tired and poorer then ever. I'm hoping that there is some loophole in the requirements so I can get my old status back.

MARIA W., Marlborough, CT

Dear Maria:

First, the bad news-the new regs aren't that different then the old ones, except for a couple of areas. In addition, CT's State Labor laws, if they are more favorable for the employee, will take precedence over any Federal law, so chances are the new Federal laws may not impact your current status, unless your wages are low or you fall into some select category. As to convincing your boss to give you your old status back, heh, anything is possible. The real question is this-do your duties qualify you for your current exempt status? If that answer is yes, it's doubtful your boss would return you to the non-exempt,--and obviously more costly-to-the-company-- status. The titles of supervisory and manager are not the arbitrator as to whether you qualify as exempt vs. non-exempt. The determining factors are authority level and duties. You can visit the latest Federal Fair Labor Standards Act, effective 7-24-09 to make certain your current exempt status falls in line with the latest revised regs. For exempt executive status, you must be supervising at least two, have authority to hire and fire or able to provide suggestions as to hiring firing and/or promoting. If your job is more of an administrative nature, then your duties must include independent judgment and decision making abilities. Even a title of "team leader" could qualify under the exempt status. After carefully examining the new regs, I personally don't see tremendous difference to the old regs except for some specific "blue-collar" positions. Electricians, mechanics, plumbers, iron workers, construction workers and the like will stay non-exempt, no matter if they make a half million annually! If you're doing any of those jobs, don't however get a hankering to take on the manager title! You most likely will lose your non-exempt status (and hefty overtime pay), if you become a supervising manager. At some of the rates those folks make, you sure don't want to lose any overtime pay. More details on the latest regs and who is affected go to http://www.dol.gov/whd/flsa/index.htm

Dear Kathryn:

I've made two bad boss decisions with my last two employers. I'm always good about getting a good read on the duties but understanding the boss's personality is impossible for me. Employers' either appear to be stone faced or put on such a good front that they seem to be wonderful.

I don't like to be too aggressive, as on a couple of occasions they felt like I was interviewing them. As this is the second time I'm happy with my duties but miserable with my boss, I'm determined to get a better insight into for whom I'll be working.

I think I'm walking a tight rope given the negative comments when I asked a lot of questions. HELP, I don't want to make this mistake again now that I'm job hunting.

MARY T., Farmington, CT

Dear Mary:

Many are in the same boat you're in-too many questions in the interview and the employer thinks you're running the interview, not enough probing and they think you have no real interest. Here are a few questions that you can weave into the interview that can gain you some more insight. Preface your questions by indicating that you desire a long term commitment and any insight you can gain about work styles and personalities would be so-o-o helpful.

Here are a few questions to ask. -What types of assisting/accomplishments did any of your employee's perform that you found valuable/helpful and would like to see again? -What works best for you in regards to receiving updates and communicating status of projects you're working on? -When you think about the person you liked best and who was most effective for you, describe why their work style fit you so well? -What would you say are pet peeves? (don't be shy about asking this, but ask this question and all of the rest with a very pleasant expression and not in a harsh way.)

-What is the boss's work style like-up and running at 8am, or an afternoon producer? (If you don't come alive until 11am, that early morning boss will drive you crazy and think you're a half-wit, all because you're more night-owl.)

Naturally, find out why the last person left and the turnover of the job from the human resource person. If they hesitate to answer your questions, you may be heading for trouble. Most employers nowadays understand an honest interview is a win all the way around. If the former person is still with the company and not leaving under negative terms, ask to meet with that person in a second interview. The questions you'd ask the boss can be asked to the former employee as well. In addition, ask if they could share with you their sentiments about what made them successful in the position and what advice they give you as to how to acclimate quickly. A positive, diplomatic style goes a long way. Good luck!