Why am I the only hourly employee? -

I work as an accounting, administrative, and general assistant at a 15-person architecture firm. In a recent meeting, I was told that I am the only hourly employee at our firm because I don t make any important decisions or supervise any employees.That s just fine... but why am I the only hourly employee? Out of fifteen people, there are also five draftsmen who do not supervise employees or make any decisions; an executive assistant without authorization to supervise or make decisions; and myself. Surely these other employees, who don t make decisions or supervise others, should be hourly too?It just seems unfair that I am the only hourly employee, when others are clearly not in supervisory roles. How can I get my boss to salary me?

Under the Fair Labors Standards Act (FLSA), employees are defined as either exempt or non-exempt. Exempt employees are guaranteed their lowest wage (salary) for the given work week where as non-exempt employees are paid hourly. The job duties of the traditional learned professions are exempt. These include lawyers, doctors, dentists, teachers, architects, clergy. Also included are registered nurses (but not LPNs), accountants (but not bookkeepers), engineers (who have engineering degrees or the equivalent and perform work of the sort usually performed by licensed professional engineers), actuaries, scientists (but not technicians), pharmacists, and other employees who perform work requiring advanced knowledge similar to that historically associated with the traditional learned professions.Professionally exempt work means work which is predominantly intellectual, requires specialized education, and involves the exercise of discretion and judgment. Professionally exempt workers must have education beyond high school, and usually beyond college, in fields that are distinguished from (more academic than) the mechanical arts or skilled trades. Advanced degrees are the most common measure of this, but are not absolutely necessary if an employee has attained a similar level of advanced education through other means (and perform essentially the same kind of work as similar employees who do have advanced degrees).Some employees may also perform creative professional job duties which are exempt. This classification applies to jobs such as actors, musicians, composers, writers, cartoonists, and some journalists. It is meant to cover employees in these kinds of jobs whose work requires invention, imagination, originality or talent; who contribute a unique interpretation or analysis. Long story short, exempt employees may perform over time work without additional compensation whereas the law requires the employer to pay OT for hourly workers. In any traditional architectural office, it is highly likely that management and technical personnel are required to work 5-15 hours of OT/week. In that sense, you have an advantage over your co-workers.