The mighty Taz asked me to set this poll up:

I'd like to see what the AVERAGE work week is for a Quality Manager

<40 Hrs
40 - 45 Hrs
45-50 Hrs
50 - 55 Hrs
55 - 60 Hrs
60 - 65 Hrs
>65 Hrs.Happy to oblige Taz..:agree1:

/Claes

Hi,

I voted 45-50. Although I only get paid for 37 hours, the rest is done as unpaid overtime - while the company don't actually require it - they do kind of expect it...

I am relatively new to the company and there is a huge amount of work to catch up on. I intend to reduce this overtime as soon as I can.


Dave

Hello all,
40 to 45 hours.I don't get paid for overtime.

Im not a Quality Manager but a Supplier Development Manager. We have a standard 40 hour week but i average work 50+ hours per week. I don't get paid vertime either but i do feel that if you are on a certain level in an organisation, you also have a certain responsibility. And if taking this responsibility requires me to make overtime,than so be it. Comes with the job, the responsibility...

One thing that is not taken into consideration is where a person is at in the certification process. I know that when I started working on the quality system when I was hired I put in 60+ hours every week. Now that we have our certification, and our system is starting to "even out", or mature, I work much less of the unpaid overtime. I would suspect that most of us are that way. Unless of course you are a total workaholic!

I put my normal schedule of activities on a timeline based on 40 hrs/wk.
My average work week is about 40 - 45 hrs.

I put my normal schedule of activities on a timeline based on 40 hrs/wk.
My average work week is about 40 - 45 hrs.


Gonna start calling you Sammy Stats!

Gonna start calling you Sammy Stats!


Thats OK. I like that.

I voted 40 to 45. I work 40 hours per week and that is all that is expeted. If I see the need to work over, I will but luckily the need has not arisen. The organization that I work for now is very flexible about our hours as long as we get the job done.

The last organization that I worked for was totally opposite. I took work home with me almost everyday and was called in all hours of the day, night and weekend. I did get some comp time but it was never equal to the overtime that I put in.

In the "boom years" of our industry, and when it was appreciated, I was doing 50-55 hours per week, which was quite enough for me considering a 2 hour RT commute, a wife and kids, and the fact that I HATED working weekends, so I usually did it M-F. Now, 40 is it.

I fit the descriptions by both Mshell and Mike.

doing 50-55 hours per week, which was quite enough for me considering a 2 hour RT commute, a wife and kids

I voted 40 to 45. I work 40 hours per week and that is all that is expeted. If I see the need to work over, I will

But now HERE'S A QUESTION: Take the weekly hours you work and subtract the time spent here at the cove and what do you get??? I know many of you are logged on at home and/or contribute after work hours (you people are just awesome), but I pretty much only log on during working hours - and then throw in a extra hour at work if I need to. I consider it value added to the company since I've already incorporated many of your fine ideas into our systems.

I fit the descriptions by both Mshell and Mike.

I consider it value added to the company since I've already incorporated many of your fine ideas into our systems.

I find them also a continuous source for revisions.

I fit the descriptions by both Mshell and Mike.
But now HERE'S A QUESTION: Take the weekly hours you work and subtract the time spent here at the cove and what do you get??? I know many of you are logged on at home and/or contribute after work hours (you people are just awesome), but I pretty much only log on during working hours - and then throw in a extra hour at work if I need to. I consider it value added to the company since I've already incorporated many of your fine ideas into our systems.I'm very recently retired, but still do occasional consulting. During the last 25 years of my career, I was an "exempt employee." This means, according to USA labor laws, I was paid a salary (sometimes a bonus) regardless of how many hours I worked.

When I was on the road, I considered ALL the time away from home as working, so 100+ hour work weeks were the norm.

Executives (Quality or otherwise) spend an enormous amount of time away from the job site in Education, whether formal (school, seminars, correspondence courses) or informal (ASQ Section meetings, conferences, trade magazines and books, participating in Forums like the Cove.) Education is necessary just to keep pace, let alone advance in business today.

A smaller, rarely compensated (except in Good Will), but still significant chunk of time is taken up by mentoring others.

Both education and mentoring activities are necessary just to maintain one's place, but they are crucial if one expects to advance in a career.

All told, if I include the above reasoning, I estimate I averaged a lot more than 65 hours a week over the last 25 years.

I consider the cove a work related tool as the ideas and discussions that I have participated in here have helped to improve our organization. My boss sees it that way too.

There used to be two of us in my department....and I was usually working around 45 hours/week. Now, with just me, I'm much closer to 55....60 is rather common, too. However, while I do not get paid for overtime nor do I get to "bank time", I will occasionally take a day to play hookey. Why? Because, as much as I enjoy my job, I'm not going to kill myself for it. I almost did that at my last job...start at 0700 and leave around 2200, plus weekends and extensive travel to our plant in upstate NY. I never saw my family or the sun. No more. Life is too short. Even 55 is too much in my mind and I'm pushing to share a clerk with our EMS Coordinator. Be nice to have someone for the clerical side, to allow us to focus on improvements!

Even though I averaged 45 hrs per week, I did have the weeks where I was out sucking fumes at assembly plants and doing 24 hr sorts. Those weeks topped 100 hrs with travel.

I then laid the ground rules with my boss. . .

1. I come first. . if I'm not right for myself, I can't be right for anyone else,
2. My family is next. .
3. Then the company
4. and next my boss

That was respected. . .

Well, I´ve voted 45/50 hours so here in Colombia the minimal amount of time we need to work is 48 hours/weekly. But I'm a "exempt employee".

Before certification I was working near 60-65 hours, now (18 months later) I found we are involving our ISO activies very good inside our regular job (better, our regular job became the ISO thing ;) ), So I find a lot of time to visit The Cove during my working hours without problem.

Anyway I try to keep at least busy those 48 hours / weekly because I dont wanna that others employees see me leave the office before.

:P

Thats my five cents

Hi All,

I've just returned from a weeks holiday with my wife and daughters. We didn't do a lot but we hung out together and that was the important part. I do the minumum hours now 40 (common) - 45 (rarely). I used to be here every day and sometimes even night (Same as Roxane and a few more of you I bet) plus I studied and still am (Wes, I never looked at study as work but now that you mentioned it, it is work related).

Roxane, There were three people in my department 5 years ago plus we had access to several typists. There is now just me doing the Manager's, Auditor's and Clerk's jobs (PS: I took over the Manager's Role but they changed the title, the salary and took back the Car). I recently charted my weekly work load and found that I spent 15 - 20% typing. What a waste of my time? I could use this time better elsewhere (audits would be good as I am so far behind). Anyway, since I reduced my hours and started doing more things for myself I feel thta my general health and happiness have improved and now I work smarter not harder. The cove has helped a lot in this and YES I am at work now and I classify this as work related.

Greg B

I recently charted my weekly work load and found that I spent 15 - 20% typing. What a waste of my time? I could use this time better elsewhere (audits would be good as I am so far behind).

The cove has helped a lot in this and YES I am at work now and I classify this as work related.

Greg BGlad you were able to make a decision about priority between work and home life.
:topic: I used to feel similarly about typing and data entry as you suggest.
I try to keep it in perspective when I realize how much more information and data I shuffle now by myself than I could back in 1980 when I had a private secretary and a steno pool to support me. We (as a profession) eliminated hundreds of employee hours spent entering data and checking it for accuracy by purchasing and using measuring instruments that interface with our computers and collect and transfer data directly into the computer.

I also find more and more of Quality Department reports actually being read and acted upon instead of being created, then stuffed in a file drawer, never to be seen again.

In short, the documents we create are what sets us apart from tall tale tellers [well - most of us anyway.]

I work Salary with no OT. But being a small business I do alot that most QMs do not. I work about 50hrs a week.

Mark

Hey what about work hour regulations imposed by some countries? Couldn't that skew this poll? Isn't it illegal for french companies to require more than 35hrs or something like that? I wish I were french. :biglaugh:
Mark

Hey what about work hour regulations imposed by some countries? Couldn't that skew this poll? Isn't it illegal for french companies to require more than 35hrs or something like that? I wish I were french. :biglaugh:
MarkBeing French (http://www.usatoday.com/weather/news/2003-09-25-france-heat_x.htm) is not all that it's cracked up to be, especially last year.

Anyone else fall under this category? I am our branch QM, as well as doing test equipment repairs and calibrations. This usually works out to around 50 hrs/wk. Sometimes I think that I made an error in judgement taking this on....

...but this is the second company I have done this for! :bonk: Doh!


B

Depending on the size of the organization, many folks wear "multiple hats." As a result, they work far longer than 40 hours.

When I was in my 30's, I was executive VP of an investment bank and oversaw "rehabs" of as many as three companies simultaneously as we groomed them for IPO's. Some work weeks approached 100 hours when travel and late night phone conferences from my hotel room were thrown in. When we went on the "road show" (the tour to attract investors and other investment banks to buy securities and/or make a market in them), we chartered a plane and lived in it for a week with two flight crews schlepping us from city to city, our only sleep on the plane and only showers in crew quarters at airports. Believe me, I have a deep sympathy for the travails of reporters following candidates on the campaign trail.

I'm not really a Quality Manager, but I'll go ahead and skew the poll. I easily work over 65 hours a week, but that includes research, writing, and marketing, all of which I enjoy. I didn't work nearly as much when I was in private industry. I guess I see what I'm doing now as more of a calling. [Begin the harp music...]

Craig

Hi All,

I've just returned from a weeks holiday with my wife and daughters. We didn't do a lot but we hung out together and that was the important part. I do the minumum hours now 40 (common) - 45 (rarely). I used to be here every day and sometimes even night (Same as Roxane and a few more of you I bet) plus I studied and still am (Wes, I never looked at study as work but now that you mentioned it, it is work related).

Roxane, There were three people in my department 5 years ago plus we had access to several typists. There is now just me doing the Manager's, Auditor's and Clerk's jobs (PS: I took over the Manager's Role but they changed the title, the salary and took back the Car). I recently charted my weekly work load and found that I spent 15 - 20% typing. What a waste of my time? I could use this time better elsewhere (audits would be good as I am so far behind). Anyway, since I reduced my hours and started doing more things for myself I feel thta my general health and happiness have improved and now I work smarter not harder. The cove has helped a lot in this and YES I am at work now and I classify this as work related.

Greg B

Above is my post from April 24th this year. Ooh, how times have changed....I am now the Transport & Logistics guy also. This entails a massive amount of extra work and time away from home, supervising ship loadings and product storage at the wharves etc. This is on top of my QA duties. Now I am just always tired and you have probably noticed that I don't post as often now. I am way behind in my QA role and Audits are non existent. I am dreading the next external audit in three months.

I am with you 100% there Dave - I'm new to the company I'm with too and do not get any OT pay but am expected to pretty much live on site...not to mention work on reports and related data at home in the evenings as well (otherwise I would never get anything done).....anyone in automotive have any time-saving tips or suggestions? Would like to once again have a life outside of work!!

Karen

I am with you 100% there Dave - I'm new to the company I'm with too and do not get any OT pay but am expected to pretty much live on site...not to mention work on reports and related data at home in the evenings as well (otherwise I would never get anything done).....anyone in automotive have any time-saving tips or suggestions? Would like to once again have a life outside of work!!

Karen
Learn to say no, and track all your time working at the shop and at home. Use this data to show Upper Management that they have not provided sufficient resources to implement and maintain the QMS. Keep pusshing for help, it sometimes works. The help may come in the way of an administrative assitant or data entry clerk but help is help. JMO
Mark

Contectually, it just depends. At product/program launch milestones the time required always goes up. Since that is the case for me, I am at over 65 FOR AWHILE. However, when evaluating suppliers, it was always a warning sign if:
A) the QM or production staff are on excessive overtime
B) the QM or production staff are obviously barely keeping up with demands.
With downsizing, this is frequently the case little or no time remains for true improvement to occur creating that nasty cycle of fire-fighting.

Hello Vernalstats, and welcome to the Cove :bigwave: With downsizing, this is frequently the case little or no time remains for true improvement to occur creating that nasty cycle of fire-fighting.True enough, I'm afraid. When it's downsizing time, the quality function frequently takes the first blow. Then, as you say, the remainder have their hands full just to manage the day to day business. Bye, bye to long time planning...

/Claes

I'm in the 50-55 range right now. It's easy for me to put in 10 hrs a day learning a new arena. I'm in early to go over 3rd shift issues and brush up on the chemical side of our lab (phosphate pretreatment, chemical resistance testing, etc.). Most of our customers are around their offices until 4 or 5 so I need to be in for them and the second shift. Actually doing my job and covering my :ca: I'd say takes 5 hours a day the rest is the admin and reading.

I average 50, and have been in this business 15 yrs. If you're in an organization that doesn't take quality serious from the top, you'll end up working 80+ hrs., getting calls at all hours of the night, and traveling on containment trips constantly (speaking from experience). The better organizations that have good support from the top, have problems, but a lot less of them, and the managers are responsible and accountable. Do your homework well before you accept , or change positions and look around the operation good if you have the chance. Life is too short to work in a bad environment.

My contract is 20 hrs/wk. I put in about 25. This company is going the long, slow approach so I do other work the rest of the week.

I voted for the 45-50 slot, however depending on your quality system status registered or not, and of course our customer happiness level - either you're comfortable or always dancing will dictate my work week. We're registered but the continuous assessments and some customers' insensitivity results in dancing many Polkas:rar: .

Afternoon all
When Chief Inspector for sub-contract manufacturing plant (aerospace sector), if I only did 56 hours it was a normal week (30 min commute). Overtime at weekends and nights was expected. Now I'm Quality Manager for LED manufacturing company, standard hours is 40, but I average 45-50. (1 hour commute each way) Extra time necessary when required, but it goes with the job and responsibilty.
Paul

I put down 45- 50 but it's many times closer to 40-45

I'm a Quality Engineeer, not a Manager.. I Average about 54 hours a week.
I expect my boss to work mopre hours than I do...

PS.. I get paid for over 40 hours...

ERich:D

Hi All
In my previous company I used to do 56 - 62 hrs per week and I didn't get paid overtime.
In my present company I do 37.5 hrs and get paid overtime when I do it, Like audit days and so forth.

Ask me in 2 weeks and 3 days. I am leaving my current position next Friday to take a job as a QA Manager for a similar (but much smaller) company.

Since my new job also entails a complete relocation of the manufacturing process lines (moving about 50 miles), and preparation for TS16949 (absolutely NOTHING has been done yet) I am anticipating lots of 'volountary' overtime :-)

Ron - Ouch! - Sounds like a great cahllenge that will generate a lot of extra hours to begin with. Good luck & Best wishes on the new position :applause:

My usual hours vary from 40-45 weekly. I usually don't have to work over 40 hours because I have good time management skills (I learned over many years). I stay when required, I go home when finished. As simple as that.

The real Quality Manager never stops working...:rolleyes:

Recently, I have heard more and more that a good manager should be able to manage his/her time well enough so as not to need to work long hours.

If you're working a slew of O/T, then maybe you aren't managing your workload (or your department) as well as you could.

I think most people would prefer to work a few extra hours a week rather than taking work home or worse, working weekends.

Just some food for thought.

40-45....unless they decide to give me a raise...then maybe 46.:lol:

Arrive very early Monday morning...Pull the shades, turn off the lights and sit in a dark room...occasionally someone will enter and sprinkle water, fertiliser and nutrients around my desk...


This is how all Mushrroms are housed...Kept in the dark and fed on Bulls**t :D

Seriously...I am employed for 38 hrs per week and last week worked nearer 60!!!!

As it is normal in Egyptian seaside resorts to have a 6 days week, I start counting with 48 hrs.

Plus 6 to 8 days a month 1 or 2 hrs overtime, plus assessments in our hotels including a stay overnight...
gosh I voted 50 to 55 hrs just to avoid that I end up depressed from an exact calculation :bonk:

I suppose it's part of this thread, but what actual hours do you work? 9-5 for five days, 8-4, finish 1pm on a Friday?
Paul

I suppose it's part of this thread, but what actual hours do you work? 9-5 for five days, 8-4, finish 1pm on a Friday?
Paul


I start at 7:00 AM EDT and leave no earlier then 3:30 PM or when required.

Coury Ferguson

The real Quality Manager never stops working...:rolleyes:

It is my firm belief that the real QA-Manager has the ability to delegate his or her workload, and the ability to hire competent personell to perform the chores of the QA-Department. It is a slightly ridiculous and old fashioned assumption that being part of the management team requires that you put in unpaid overtime. Firstly because that no one should work for free, and secondly because that bad decisions are made by tired bosses that cannot delegate. :bonk:

I suppose it's part of this thread, but what actual hours do you work? Paul

I start between 5 and 5:30 a.m. every day and leave no earlier than 3:30 p.m. most days.

Friends,

Any conclusions when you look at the histogram of the responses?

Mine? The skewed distibution shows that people in quality work a lot more (and harder?) than "average."
:tg::tg:

Stijloor.

I think it is very much dependent on company culture, locality and the stage of development the country is in. Generally, the working hours increases from developed to developing and finally the less developed countries. But in Asia, you find that Japan bucked the trend and it's cultural factors.

40 -45 for current employer; previous position was in the automotive sector where the hours where close to 60 a week.

The first week through the first few months I was putting in roughly 60 hours on and off site dedicated to the job. As I developed and streamlined processes to work more efficiently. Within a year or so I was putting in an average of 30 on and off site hours a week and the majority of the time was consulting new processes and corrective preventative action. What is the kicker is I received a ton of crap because I streamlined everything to work efficiently and freed up my time as well as many others then was later laid off.

:topic:
This reminds me, the first month I was hired by the same organization the President asked me to step into a Mfg. meeting to identify root cause of a current large problem. I sat in and listened to the team of seven go back and forth for about 45 minutes or so, being the new guy I didn’t want to walk in and fluff any feathers or come across wrongly being so new. After their 45 minutes of walking in circles I walked them through a simple root cause analysis and discovered their cause in about 15 minutes. The team sat there silently for about a minute or two and then we adjourned. End result is the process was changed accordingly and everything worked smoothly from there on. I was never invited to a Mfg. Meeting again. :lol:

This reminds me, the first month I was hired by the same organization the President asked me to step into a Mfg. meeting to identify root cause of a current large problem. I sat in and listened to the team of seven go back and forth for about 45 minutes or so, being the new guy I didn’t want to walk in and fluff any feathers or come across wrongly being so new. After their 45 minutes of walking in circles I walked them through a simple root cause analysis and discovered their cause in about 15 minutes. The team sat there silently for about a minute or two and then we adjourned. End result is the process was changed accordingly and everything worked smoothly from there on. I was never invited to a Mfg. Meeting again. :lol:One of the cardinal rules of advisors is never give any solutions in the first meeting. If you make it look too easy, the client is embarrassed and humiliated and he will fire you to save face. If you don't appear to break a sweat, he may stop payment of the check because you "didn't do anything to earn it" despite the fact you provided a solution to the problem.

I am not a quality manager, just the inspector, I start at 6 am and I am required to stay until the assembly people have everything ready to ship for the day. I voted 50 - 55 hrs a week. Sorry if I skewed the results of the survey.

I have the same problem. A representative from the quality team must be on hand during all production. This means 50-55 hours for me, no OT, and rotating through myself (manager) and 2 other inspectors who do 45-50 hours. But company culture dictates that those who work long hours must be 'working harder', and are rewarded as such. Me, I'd rather do 40, and skip the 'rewards'.

As a quality manager I work roughly about 60 hrs or more/ week with travel time included.
Now onwards I will take time to calculate teh exact no. of hours I am putting in.:applause:

I am a QE but our entire department is required (by Plant Manager) to work 10 hours a day (min) and taking a lunch is frowned upon. We also work a majority of the Saturdays. Paid for 40 hours, no OT at all.

The kicker is, the Plant Manager works 7a to 3p and takes a lunch.

You don't say where you work, but the USA has laws against that kind of off-books hours.

This is definitely one of those situations where you folks who are caught in this kind of vise (in the USA or any other country where there are good laws regarding fair treatment of labor) ought to conspire to see an independent labor attorney together to determine if you have a beef worth taking to government regulators for relief.

I have a hunch there is a lot more wrong with your organization's Quality Management System and Business Management System and this exploitation of labor is just one symptom.

You have my sympathy for being in a tough situation, but it is a bald fact no one can take advantage of you without your acquiescence. The situation will continue until you take some action to change it.

Not a QM any more but I am a contractor who leads a team of other QE's and my average week is 55 hrs and it is not uncommon to work up to 80 hours. The plus side is that I manage to get my 55 hours in 4 days / 4.5 days so I still have a life outside.

Mind you I also run another compnay apart from my contracting one so add in my contracting admin and the other business you could say an average of nearly 70

Not a QM any more but I am a contractor who leads a team of other QE's and my average week is 55 hrs and it is not uncommon to work up to 80 hours. The plus side is that I manage to get my 55 hours in 4 days / 4.5 days so I still have a life outside...............


It's the same over here (we're lower down on the development ladder). I supposed a lot of us never complain because we choose to be independent - be it contractor or business operators and we enjoy doing what we are doing.

I am a QE but our entire department is required (by Plant Manager) to work 10 hours a day (min) and taking a lunch is frowned upon. We also work a majority of the Saturdays. Paid for 40 hours, no OT at all.

The kicker is, the Plant Manager works 7a to 3p and takes a lunch.

You need to find a new job. or call the EEOC.

No lunch?? 10 hours a day>???

NFW.

I work about 50 to 55 hours a week approximately 48 weeks out of the year and get overtime pay. The owner of the company has a lot of integrity and would never let anyone besides strict salaried employees from getting overtime pay.

You need to find a new job. or call the EEOC.

No lunch?? 10 hours a day>???

NFW.

The Wage & Labor folks at the Dept. of Labor would be interested in talking to this person, too. :notme:

You need to find a new job. or call the EEOC.

No lunch?? 10 hours a day>???

NFW.

I'm hoping to leave soon, I have an interview tomorrow. We'll probably have to move but it is a much better opportunitiy.

You'd think the fact that we've had 3 managers leave in the last 4 months would open some eyes but it has not. The Plant Manager asked me last week how things were going (he knew I was frustrated), I told him the hours are killing me. His response? "I'm sick of the whining, I'm done listening to the whining."

You don't say where you work, but the USA has laws against that kind of off-books hours.
Here in Michigan MiOSHA requires that we post "Right to Know" labor law posters for all employees to see. I'm quoting the "Your Rights Under the Fair Labor Standards Act": "At least 1-1/2 times the employees' hourly rate must be paid for anything over 40 hours in a workweek."

There are also labor laws regarding the number of hours an employee can work between breaks and how long those breaks are, etc. I have nothing to quote at the moment but a google search would likely turn up all the labor laws in your state.

How does anyone expect a person to work 10 hours without stopping to eat? Are you expected to eat while you work?

Thats why alot of us are salary. My hours would probably be cut to 40 right away if I was an hourly employee.

Thats why alot of us are salary. My hours would probably be cut to 40 right away if I was an hourly employee.Information that reaches me from my contacts in the employment industry indicates that many companies are illegally ascribing "exempt" status to employees to avoid paying overtime. I can not serve as an attorney for anyone, but I can suggest that if you work on-site and do not manage the work of at least two people whom you have the power to hire and fire (or have a lot of input affecting a final decision whether to hire or fire), you probably do not meet the test for "exempt" employee and should be receiving overtime wages for more than 40 hours per week.

For further input and to help you make a decision whether you are exempt in the eyes of the law as well as the eyes of an employer who wants to save paying overtime, look up (google?)

The Fair Labor Standards Act(FLSA) is a federal labor law of general and nationwide application, including Overtime, Minimum Wages, Child Labor Protections, and the Equal Pay Act.
FLSA Overtime.
The FLSA requires overtime compensation (at time and one-half) for all "hours worked" over a prescribed "threshold" (typically 40 hours per week), for "nonexempt" employees. FLSA overtime cases seek recovery for unpaid or underpaid back wages, plus double damages (called "liquidated damages") and attorneys' fees.

There are a number of categories of exempt personnel, but generally, very few jobs in a typical corporation are exempt under the law, regardless whether the employer claims they are exempt. If you have a hunch you are wrongfully designated as "exempt," you should seek the advice of an attorney who specializes in Labor Law.


If you think you are being wrongfully designated "exempt," please remember there is no glory in being labeled exempt if the primary reason is to cheat you out of lawfully entitled overtime pay.

Information that reaches me from my contacts in the employment industry indicates that many companies are illegally ascribing "exempt" status to employees to avoid paying overtime. I can not serve as an attorney for anyone, but I can suggest that if you work on-site and do not manage the work of at least two people whom you have the power to hire and fire (or have a lot of input affecting a final decision whether to hire or fire), you probably do not meet the test for "exempt" employee and should be receiving overtime wages for more than 40 hours per week.
There are three categories of exempt employees under the FLSA: Executive, Administrative, and Professional. The test you describe, that of supervising at least two people, applies to the "executive" category. Many quality people might qualify under the "administrative" category, regardless of supervisory responsibility, and there are some instances where quality people might also qualify for exemption under the "professional" category, again without supervisory responsibility.

Many quality people might qualify under the "administrative" category, regardless of supervisory responsibility, and there are some instances where quality people might also qualify for exemption under the "professional" category, again without supervisory responsibility.


I beleive you are correct here, In a past life, I was considered 'administrative' an also exempt, however currently I am clearly in a salaried position. However, my wife who works in a nursing home was recently "salaried", while continuing to perform the same work she always did, none of which qualifies as 'exempt". This was done in an obvious attempt to eliminate overtime, especially coming after a 'no more overtime available' speech from the administrator. While it's clear she can fight this, it is also clear she will lose her job doing it ,(you can be written up by a superior and your chances of getting hired somewhere else are nil, especially if they write you up for 'abuse'). She has seen this done to other people there. I assume you can only recover what you can prove was not paid to you (plus legal fees), so there is not much incentive to go after anyone.

[FONT=Verdana][SIZE=2]Information that reaches me from my contacts in the employment industry indicates that many companies are illegally ascribing "exempt" status to employees to avoid paying overtime. I can not serve as an attorney for anyone, but I can suggest that if you work on-site and do not manage the work of at least two people whom you have the power to hire and fire (or have a lot of input affecting a final decision whether to hire or fire), you probably do not meet the test for "exempt" employee and should be receiving overtime wages for more than 40 hours per week.

I'm not sure what happened at corporate hq, but all of a sudden I'm getting paid OT. There are rules: I have to work more than 46 hours in a week, and the OT pay is at straight time. Apparently there is a salary limit, but I don't know if that's a labor laws thing or a corporate thing. I typically work 50-55 hours, so I'm still pulling in a little extra cash each month.

When I first had the OT taken away a few years ago, I did not qualify for exempt status. Since then I've been promoted a couple times and probably do qualify for exempt. But I'm not going to argue - I like extra money!!

I like extra money!!

I think everyone would agree with you there!:applause:

I put 45-50 hours, although there are perks to being in management in a smaller company. You work to get done what needs to be done - no question about it. However, we can have a couple of extra hours here and there for personal time, and there's the occasional manager's meeting scheduled at the local watering hole instead of the boardroom (they tend to be more productive)...

I also average 40 - 45 and they do not expect me to work overtime, unless I am travelling, etc. My company has been rank one of the top 50 companies to work in America.

I am a QE but our entire department is required (by Plant Manager) to work 10 hours a day (min) and taking a lunch is frowned upon. We also work a majority of the Saturdays. Paid for 40 hours, no OT at all.

The kicker is, the Plant Manager works 7a to 3p and takes a lunch.


Just an update, I've moved on to another company. Now I'm working anywhere from 35-45 hrs, depending on travel. No weekends yet, a little more travel than I'd prefer but its been to places like Traverse City and Grand Rapids so I can't complain. :)

Our policy is that we are paid straight time for over 45 hrs/wk if we are supporting production. Doing paperwork activities does not count as supporting production. You are only paid overtime if management asks you to work overtime.

Ex. If you work on the floor improving poka yokes, doing root cause analysis, etc. for 45 hours and then need to work another 10 hours to document the changes, you do not get overtime. If you have worked 45 hours doing paperwork and they need you to work 8 hrs on Saturday because a machine has been relocated, you get 8 hrs overtime. :confused:

Our policy is that we are paid straight time for over 45 hrs/wk if we are supporting production. Doing paperwork activities does not count as supporting production. You are only paid overtime if management asks you to work overtime.

Ex. If you work on the floor improving poka yokes, doing root cause analysis, etc. for 45 hours and then need to work another 10 hours to document the changes, you do not get overtime. If you have worked 45 hours doing paperwork and they need you to work 8 hrs on Saturday because a machine has been relocated, you get 8 hrs overtime. :confused:
There are some interesting items in your litany of pay practices which should be compared with Kentucky wage laws. Everything depends upon whether you really are an "exempt employee" under the statute. Frankly, lots of people get confused in interpreting who is really exempt and who isn't.

After you review the Kentucky rules for overtime pay and for who is exempt, you may be confused (I am!) If you are, probably your employer is as well. A brief consult with a Kentucky official may clarify the issue. At worst, you are getting what you are entitled to; at best, you may have some hefty back wages due. Here's the statute. (I've had to <SNIP> portions to fit within the word limit for a post here in the Cove.) I've highlighted some clauses which seem to pertain to your situation as you have outlined it.
http://www.labor.ky.gov
OVERTIME
No employer shall employ any employee for a workweek longer than forty hours unless such employee receives compensation for employment in excess of forty hours in a workweek at a rate of not less than one and one-half times the hourly rate employed. This section does not apply to employees as defined and exempted from the overtime provision of the Fair Labor Standards Act in sections 213(b)(1), 213(b)(10) and 213(b)(17) of Title 29, U.S.C.

For additional information on overtime requirements, select a link below:

KRS 337.285 Time and a half for employment in excess of forty hours
KRS 337.010 (2) Definition of employee
803 KAR 1:060 Overtime pay requirements
803 KAR 1:065 Hours worked
803 KAR 1:070 Salaried exempt
803 KAR 1:075 Exclusions from minimum wage and overtime
803 KAR 1:080 Board, lodging gratuities and other allowances
FLSA http://www.dol.gov/dol/esa/public/regs/statutes/whd/0002.fair.pdf

803 KAR 1:070. Executive, administrative, supervisory or professional employees; salesmen.

RELATES TO: KRS 337.275, 337.285

STATUTORY AUTHORITY: KRS 337.010(2)(a)2, 337.295

NECESSITY, FUNCTION, AND CONFORMITY: KRS 337.010(2)(a)2 exempts any individual employed in a bona fide executive, administrative, supervisory, or professional capacity, or in the capacity of outside salesman, or as an outside collector as the terms are defined by administrative regulations of the executive director from both the minimum wage and overtime requirements set forth in KRS 337.275 and 337.285. This administrative regulation defines what constitutes an individual employed in a bona fide executive, administrative, supervisory, or professional capacity, or in the capacity of an outside salesman or outside collector.

Section 1. Scope. (1) The exemptions set forth in KRS 337.010(2)(a)2, as defined by this administrative regulation, do not apply to manual laborers or other "blue collar" workers who perform work involving repetitive operations with their hands, physical skill, and energy. These nonexempt "blue collar" employees gain the skills and knowledge required for performance of their routine manual and physical work through apprenticeships and on-the-job training, not through the prolonged course of specialized intellectual instruction required for exempt learned professionals such as medical doctors, architects, and archeologists. Thus, for example, nonmanagement production line employees and nonmanagement employees in maintenance, construction, and similar occupations such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, construction workers, and laborers are entitled to minimum wage and overtime premium pay under KRS Chapter 337, and are not exempt under this administrative regulation no matter how highly paid they are.

<SNIP>
Section 2. General Rule for Executive Employees. (1) The term "individual employed in a bona fide executive capacity" in KRS 337.010(2)(a)2 shall mean an employee:

(a) Compensated on a salary basis at a rate of not less than $455 per week, exclusive of board, lodging, or other facilities;

(b) Whose primary duty is management of the enterprise in which the employee is employed or of a customarily recognized department or subdivision thereof;

(c) Who customarily and regularly directs the work of two (2) or more other employees; and

(d) Who has the authority to hire or fire other employees or whose suggestions and recommendations as to the hiring, firing, advancement, promotion, or any other change of status of other employees are given particular weight.

(2) Business owner. The term "employee employed in a bona fide executive capacity" in KRS 337.010(2)(a)2 also include any employee who owns at least a bona fide twenty (20) percent equity interest in the enterprise in which the employee is employed, regardless of whether the business is a corporate or other type of organization, and who is actively engaged in its management. The salary requirements of Section 8 of this administrative regulation shall not apply to business owners described in this subsection.

(3) Management. "Management" shall include, but is not limited to, activities such as interviewing, selecting, and training employees; setting and adjusting their rates of pay and hours of work; directing the work of employees; maintaining production or sales records for use in supervision or control; appraising employees’ productivity and efficiency for the purpose of recommending promotions or other changes in status; handling employee complaints and grievances; disciplining employees; planning the work; determining the techniques to be used; apportioning the work among the employees; determining the types of material, supplies, machinery, equipment, or tools to be used or merchandise to be bought, stocked, or sold; controlling the flow and distribution of materials or merchandise and supplies; providing for the safety and security of the employees or the property; planning and controlling the budget; and monitoring or implementing legal compliance measures.

(4) Department or subdivision.

(a) The phrase "a customarily-recognized department or subdivision" distinguishes between a mere collection of employees assigned from time to time to a specific job or series of jobs and a unit with permanent status and function. A customarily-recognized department or subdivision shall have a permanent status and continuing function. For example, a large employer’s human resources department might have subdivisions for labor relations, pensions and other benefits, equal employment opportunity, and personnel management, each of which has a permanent status and function.

(b) If an enterprise has more than one (1) establishment, the employee in charge of each establishment may be considered in charge of a recognized subdivision of the enterprise.

(c) A recognized department or subdivision may be physically outside the employer’s establishment and may move from place to place. The mere fact that the employee works in more than one (1) location does not invalidate the exemption if other factors show that the employee is actually in charge of a recognized unit with a continuing function in the organization.

(d) Continuity of the same subordinate personnel is not essential to the existence of a recognized unit with a continuing function. An otherwise exempt employee does not lose the exemption merely because the employee draws and supervises workers from a pool or supervises a team of workers drawn from other recognized units, if other factors are present that indicate that the employee is in charge of a recognized unit with a continuing function.

(5) Two (2) or more other employees.

(a) To qualify as an exempt executive under this section, the employee shall customarily and regularly direct the work of two (2) or more other employees. The phrase "two (2) or more other employees" means two (2) full-time employees or their equivalent. One (1) full-time and two (2) half-time employees, for example, are equivalent to two (2) full-time employees. Four (4) half-time employees are also equivalent.

(b) The supervision may be distributed among two (2), three (3), or more employees, but each employee shall customarily and regularly direct the work of two (2) or more other full-time employees or the equivalent. Thus, for example, a department with five (5) full-time, nonexempt workers may have up to two (2) exempt supervisors if each such supervisor customarily and regularly directs the work of two (2) of those workers.

(c) An employee who merely assists the manager of a particular department and supervises two (2) or more employees only in the actual manager’s absence does not meet this requirement.

(d) Hours worked by an employee shall not be credited more than once for different executives. Thus, a shared responsibility for the supervision of the same two (2) employees in the same department does not satisfy this requirement. However, a full-time employee who works four (4) hours for one (1) supervisor and four (4) hours for a different supervisor, for example, may be credited as a half-time employee for both supervisors.

(6) Particular weight. To determine whether an employee’s suggestions and recommendations are given "particular weight," factors to be considered include, but are not limited to, whether it is part of the employee’s job duties to make the suggestions and recommendations; the frequency with which the suggestions and recommendations are made or requested; and the frequency with which the employee’s suggestions and recommendations are relied upon. An executive’s suggestions and recommendations shall pertain to employees whom the executive customarily and regularly directs. It shall not include an occasional suggestion with regard to the change in status of a coworker. An employee’s suggestions and recommendations may be deemed to have "particular weight" even if a higher level manager’s recommendation has more importance and even if the employee does not have authority to make the ultimate decision as to the employee’s change in status.

(7) Concurrent duties.

(a) Concurrent performance of exempt and nonexempt work does not disqualify an employee from the executive exemption if the requirements of this administrative regulation are otherwise met. Whether an employee meets the requirements of this administrative regulation when the employee performs concurrent duties is determined on a case-by-case basis. Exempt executives shall make the decision regarding when to perform nonexempt duties and remain responsible for the success or failure of business operations under their management while performing the nonexempt work. In contrast, the nonexempt employee shall be directed by a supervisor to perform the exempt work or performs the exempt work for defined time periods. An employee whose primary duty is ordinary production work or routine, recurrent, or repetitive tasks shall not qualify for exemption as an executive.

<SNIP>

Section 3. General Rule for Administrative Employees. (1) The term "individual employed in a bona fide administrative capacity" in KRS 337.010(2)(a)2 shall mean any employee:

(a) Compensated on a salary or fee basis at a rate of not less than $455 per week, exclusive of board, lodging, or other facilities;

(b) Whose primary duty is the performance of office or nonmanual work directly related to the management or general business operations of the employer or the employer’s customers; and

(c) Whose primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.

(2) Directly related to management or general business operations.

(a) To qualify for the administrative exemption, an employee’s primary duty shall be the performance of work directly related to the management or general business operations of the employer or the employer’s customers. The phrase "directly related to the management or general business operations" refers to the type of work performed by the employee. To meet this requirement, an employee shall perform work directly related to assisting with the running or servicing of the business, as distinguished, for example, from working on a manufacturing production line or selling a product in a retail or service establishment.

(b) Work directly related to management or general business operations includes, but is not limited to, work in functional areas such as tax; finance; accounting; budgeting; auditing; insurance; quality control; purchasing; procurement; advertising; marketing; research; safety and health; personnel management; human resources; employee benefits; labor relations; public relations; government relations; computer network; internet and database administration; legal and regulatory compliance; and similar activities. Some of these activities may be performed by employees who also would qualify for another exemption.

(c) An employee may qualify for the administrative exemption if the employee’s primary duty is the performance of work directly related to the management or general business operations of the employer’s customers. Thus, for example, employees acting as advisers or consultants to their employer’s clients or customers (as tax experts or financial consultants, for example) may be exempt.

(3) Discretion and independent judgment.

(a) To qualify for the administrative exemption, an employee’s primary duty shall include the exercise of discretion and independent judgment with respect to matters of significance. The exercise of discretion and independent judgment shall involve the comparison and the evaluation of possible courses of conduct, and acting or making a decision after the various possibilities have been considered. The term "matters of significance" refers to the level of importance or consequence of the work performed.

(b) The phrase "discretion and independent judgment" shall be applied in the light of all the facts involved in the particular employment situation in which the question arises. Factors to consider if determining whether an employee exercises discretion and independent judgment with respect to matters of significance include, but are not limited to: whether the employee has authority to formulate, affect, interpret, or implement management policies or operating practices; whether the employee carries out major assignments in conducting the operations of the business; whether the employee performs work that affects business operations to a substantial degree, even if the employee’s assignments are related to operation of a particular segment of the business; whether the employee has authority to commit the employer in matters that have significant financial impact; whether the employee has authority to waive or deviate from established policies and procedures without prior approval; whether the employee has authority to negotiate and bind the company on significant matters; whether the employee provides consultation or expert advice to management; whether the employee is involved in planning long- or short-term business objectives; whether the employee investigates and resolves matters of significance on behalf of management; and whether the employee represents the company in handling complaints, arbitrating disputes, or resolving grievances.

(c) For the exercise of discretion and independent judgment, the employee shall have authority to make an independent choice, free from immediate direction or supervision. Except, employees may exercise discretion and independent judgment even if their decisions or recommendations are reviewed at a higher level. Thus, the term "discretion and independent judgment" does not require that the decisions made by an employee have a finality that goes with unlimited authority and a complete absence of review. The decisions made as a result of the exercise of discretion and independent judgment may consist of recommendations for action rather than the actual taking of action. The fact that an employee’s decision may be subject to review and that upon occasion the decisions are revised or reversed after review does not mean that the employee is not exercising discretion and independent judgment. For example, the policies formulated by the credit manager of a large corporation may be subject to review by higher company officials who may approve or disapprove these policies. The management consultant who has made a study of the operations of a business and who has drawn a proposed change in organization may have the plan reviewed or revised by superiors before it is submitted to the client.

(d) An employer’s volume of business may make it necessary to employ a number of employees to perform the same or similar work. The fact that many employees perform identical work or work of the same relative importance does not mean that the work of each employee does not involve the exercise of discretion and independent judgment with respect to matters of significance.

(e) The exercise of discretion and independent judgment shall be more than the use of skill in applying well-established techniques, procedures, or specific standards described in manuals or other sources. The exercise of discretion and independent judgment also shall not include clerical or secretarial work, recording, or tabulating data, or performing other mechanical, repetitive, recurrent, or routine work. An employee who simply tabulates data is not exempt, even if labeled as a "statistician".

(f) An employee does not exercise discretion and independent judgment with respect to matters of significance merely because the employer will experience financial losses if the employee fails to perform the job properly. For example, a messenger who is entrusted with carrying large sums of money does not exercise discretion and independent judgment with respect to matters of significance even though serious consequences may flow from the employee’s neglect. Similarly, an employee who operates very expensive equipment does not exercise discretion and independent judgment with respect to matters of significance merely because improper performance of the employee’s duties may cause serious financial loss to the employer.

<SNIP>
(c) An employee who leads a team of other employees assigned to complete major projects for the employer (such as purchasing, selling, or closing all or part of the business, negotiating a real estate transaction or a collective bargaining agreement, or designing and implementing productivity improvements) meets the duties requirements for the administrative exemption, even if the employee does not have direct supervisory responsibility over the other employees on the team.

<SNIP>
(g) Ordinary inspection work does not meet the duties requirements for the administrative exemption. Inspectors normally perform specialized work along standardized lines involving well-established techniques and procedures which may have been catalogued and described in manuals or other sources. The inspectors rely on techniques and skills acquired by special training or experience. They have some leeway in the performance of their work but only within closely prescribed limits.

(h) Employees usually called examiners or graders, such as employees that grade lumber, do not meet the duties requirements for the administrative exemption. The employees usually perform work involving the comparison of products with established standards which are frequently catalogued. Often, after continued reference to the written standards, or through experience, the employee acquires sufficient knowledge so that reference to written standards is unnecessary. The substitution of the employee’s memory for a manual of standards does not convert the character of the work performed to exempt work requiring the exercise of discretion and independent judgment.

<SNIP>
(n) The areas in which the professional exemption may be available are expanding. As knowledge is developed, academic training is broadened, and specialized degrees are offered in new and diverse fields, thus creating new specialists in particular fields of science or learning. When an advanced, specialized degree has become a standard requirement for a particular occupation, that occupation may have acquired the characteristics of a learned profession. Accrediting and certifying organizations similar to those listed in this section also may be created in the future. Those organizations may develop similar specialized curriculums and certification programs which, if a standard requirement for a particular occupation, may indicate that the occupation has acquired the characteristics of a learned profession.

<SNIP>
Section 5. The term "individual employed in a bona fide supervisory capacity" in KRS 337.010(2)(a)2 shall mean any employee:

(1) Whose primary duty consists of customarily and regularly directing the work of two (2) or more other employees, as defined in Section 2(5) of this administrative regulation, where he is employed; and

(2) Who is compensated for his services on a salary basis at a rate of not less than $455 per week, exclusive of board, lodging, or other facilities.

<SNIP>
Section 8. Salary Requirements. Amount of salary required.

(1) To qualify as an exempt executive, administrative, professional, or supervisory employee under KRS 337.010(2)(a)2, an employee shall be compensated on a salary basis at a rate of not less than $455 per week, exclusive of board, lodging, or other facilities. Administrative and professional employees may also be paid on a fee basis as defined in Section 12 of this administrative regulation.

<SNIP>
Section 9. Highly-Compensated Employees. (1) An employee with total annual compensation of at least $100,000 is deemed exempt under KRS 337.010(2)(a)2 if the employee customarily and regularly performs any one (1) or more of the exempt duties or responsibilities of an executive, administrative, or professional employee identified in this administrative regulation.

(2)(a) "Total annual compensation" shall include at least $455 per week paid on a salary or fee basis. Total annual compensation may also include commissions, nondiscretionary bonuses, and other nondiscretionary compensation earned during a fifty-two (52) week period. Total annual compensation shall not include board, lodging, or other facilities as defined in Section 13 of this administrative regulation, and shall not include payments for medical insurance, payments for life insurance, contributions to retirement plans, and the cost of other fringe benefits.

(b) If an employee’s total annual compensation does not total at least the minimum amount established in subsection (1) of this section by the last pay period of the fifty-two (52) week period, the employer may, during the last pay period or within one (1) month after the end of the fifty-two (52) week period, make one (1) final payment sufficient to achieve the required level. For example, an employee may earn $80,000 in base salary, and the employer may anticipate based upon past sales that the employee also will earn $20,000 in commissions. Except, due to poor sales in the final quarter of the year, the employee actually only earns $10,000 in commissions. In this situation, the employer may within one (1) month after the end of the year make a payment of at least $10,000 to the employee. The final payment made after the end of the fifty-two (52) week period shall count only toward the prior year’s total annual compensation and not toward the total annual compensation in the year it was paid. If the employer fails to make the payment, the employee shall not qualify as a highly compensated employee, but may still qualify as exempt under other sections of this administrative regulation.

<SNIP>
(3) A high level of compensation is a strong indicator of an employee’s exempt status, thus eliminating the need for a detailed analysis of the employee’s job duties. Thus, a highly compensated employee shall qualify for exemption if the employee customarily and regularly performs any one (1) of the exempt duties or responsibilities of an executive, administrative, or professional employee identified in this administrative regulation. An employee may qualify as a highly compensated executive employee, for example, if the employee customarily and regularly directs the work of two (2) or more other employees, even though the employee does not meet all of the other requirements for the executive exemption under Section 2 of this administrative regulation.

(4) This section shall apply only to employees whose primary duty includes performing office or nonmanual work. Thus, for example, nonmanagement production line workers and nonmanagement employees in maintenance, construction, and similar occupations such as carpenters, electricians, mechanics, plumbers, iron workers, craftsmen, operating engineers, longshoremen, construction workers, laborers, and other employees who perform work involving repetitive operations with their hands, physical skill, and energy are not exempt under this section no matter how highly paid they might be.

Section 10. Salary Basis. (1)(a) An employee will be considered to be paid "on a salary basis" within the meaning of this administrative regulation if the employee regularly receives each pay period on a weekly, or less frequent basis, a predetermined amount constituting all or part of the employee’s compensation, which amount is not subject to reduction because of variations in the quality or quantity of the work performed. Subject to the exceptions in subsection 2 of this section, the employee shall receive his or her full salary for any week in which the employee performs any work without regard to the number of days or hour worked. Exempt employees need not be paid for any workweek in which they perform no work.

(b) An employee shall not be considered to be "on a salary basis" if deductions from the employee’s predetermined compensation are made for absences occasioned by the employer or by the operating requirements of the business. Accordingly, if the employee is ready, willing and able to work, deductions shall not be made for time when work is not available.

<SNIP>
(4) Effect of improper deductions from salary.

(a) An employer who makes improper deductions from salary shall lose the exemption if the facts demonstrate that the employer did not intend to pay employees on a salary basis. An actual practice of making improper deductions demonstrates that the employer did not intend to pay employees on a salary basis. The factors to consider if determining whether an employer has an actual practice of making improper deductions include, but are not limited to: the number of improper deductions, particularly as compared to the number of employee infractions warranting discipline; the time period during which the employer make improper deductions; the number and geographic location of managers responsible for taking the improper deductions; and whether the employer has a clearly communicated policy permitting or prohibiting improper deductions.

(b) If the facts demonstrate that the employer has an actual practice of making improper deductions, the exemption is lost during the time period in which the improper deductions were made for employees in the same job classification working for the same managers responsible for the actual improper deductions. Employees in different job classifications or who work for different manager shall not lose their status as exempt employees. Thus, for example, if a manager at a company facility routinely docks the pay of engineers at that facility for partial-day personal absences, then all engineers at that facility whose pay could have been improperly docked by the manager lose the exemption; except engineers at other facilities or working for other manager, remain exempt.

<SNIP>
(e) This subsection shall not be construed in an unduly technical manner so as to defeat the exemption.

Section 11. Minimum Guarantee Plus Extra. (1) An employer may provide an exempt employee with additional compensation without losing the exemption or violating the salary basis requirement, if the employment arrangement also includes a guarantee of at least the minimum weekly-required amount paid on a salary basis. Thus, for example, an exempt employee guaranteed at least $455 each week paid on a salary basis may also receive additional compensation of a one (1) percent commission on sales. An exempt employee also may receive a percentage of the sales or profits of the employer if the employment arrangement also includes a guarantee of at least $455 each week paid on a salary basis. Similarly, the exemption is not lost if an exempt employee who is guaranteed at least $455 each week paid on a salary basis also receives additional compensation based on hours worked for work beyond the normal workweek. The additional compensation may be paid on any basis (e.g., flat sum, bonus payment, straight-time hourly amount, time and one-half (1/2), or any other basis), and may include paid time off.

<SNIP>

Section 15. Miscellaneous Provisions. (1) Primary duty.

(a) To qualify for exemption under this administrative regulation, an employee’s "primary duty" shall be the performance of exempt work. The term "primary duty" shall mean the principal, main, major, or most important duty that the employee performs. Determination of an employee’s primary duty shall be based on all the facts in a particular case, with the major emphasis on the character of the employee’s job as a whole. Factors to consider if determining the primary duty of an employee include, but are not limited to, the relative importance of the exempt duties as compared with other types of duties; the amount of time spent performing exempt work; the employee’s relative freedom from direct supervision; and the relationship between the employee’s salary and the wages paid to other employees for the kind of nonexempt work performed by the employee.

(b) The amount of time spent performing exempt work may be a useful guide in determining whether exempt work is the primary duty of an employee. Thus, employees who spend more than fifty (50) percent of their time performing exempt work shall satisfy the primary duty requirement. Except time alone, is not the sole test, and nothing in this subsection requires that exempt employees spend more than fifty (50) percent of their time performing exempt work. Employees who do not spend more than fifty (50) percent of their time performing exempt duties may nonetheless meet the primary duty requirement if the other factors support that conclusion.

<SNIP>

My usual working week is 45 hours. I am contracted for 37.5 hours. It such a good job it’s a pleasure to be at work:D