Do I have to notify an employee before I change her status from exempt to nonexempt?
For various legal and practical reasons, you should give notice in this circumstance. Two of those reasons: 1) Employers are required to keep records of a nonexempt employee’s hours worked each day, which typically means that nonexempt employees must be directed to fill out daily time sheets; 2) Nonexempt employees must be given lunch and rest breaks; the employer could run into trouble if the employee, unaware that he or she is now entitled to the breaks, doesn’t take them.
Paying Overtime: 10 Key Exemption Concepts
Only one thing really matters in the determination as to whether or not an employee is exempt: The duties the employee performs. Learn how to avoid costly, preventable mistakes with our free White Paper, Paying Overtime: 10 Key Exemption Concepts.