Q: I employ a long-time executive assistant who is angry with me because I recently changed her compensation status from salaried to hourly.

I did this because a review of our personnel practices revealed that several of our employees, including this one, were incorrectly categorized as exempt.

She is now insisting that I switch her back to salaried because she prefers the reliable paycheck, she believes the change in status was a punishment, and she says she will waive her right to overtime.

Is it OK if I agree to that? She's threatening a state Department of Labor complaint if I do not agree.

A: No. Neither an employee nor an employer may choose exempt designations, even if both of them agree.

The question of whether an employee is exempt is strictly a legal determination that involves no choice by the parties involved.

An exempt employee is identified as such because their duties and salary level make them exempt from state and federal requirements regarding minimum wage, overtime, and recordkeeping.

A legally non-exempt employee cannot simply agree to be exempt, and cannot waive their right to overtime payments.

Who is exempt?

Connecticut law recognizes three primary categories of exempt employees: (1) executive; (2) administrative; and (3) professional.

State law also recognizes several other specific exempt positions, such as television news editors, certain types of sales employees, and taxi drivers, for example.

It’s important to remember, however, that job...

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