(If you don't work in America, this will probably have little interest for you. Your laws will be different --and probably better!)
I just finished a conversation with the HR person where I work, and I'm yet again amazed to find myself working for a company with no clue about what a salaried exempt employee is. How do you get to be an HR person, even for a medium sized business and not know this?
The subject was jury duty. She referred me to the company handbook which states that, "Employees will be granted an unpaid leave of absence for jury duty" and I asked her if she thought 29 CFR 541.118 (Salary basis) had any bearing on the matter. (It clearly states that the overtime exemption will be lost if deductions are made for absences of less than 1 week caused by jury duty.)
What I didn't tell her is that if an employer compromises the exempt status of an employee through deductions contrary to the "Salary Basis" prong of the FLSA and fails to rectify the situation after it is pointed out, the employer usually becomes liable for all the overtime the employee has worked back for a period of three years. (Plus liquidated damages in that amount) Thats one helluva big "carrot" to dangle in front of anybody.
I didn't know a "delicate" way to point this out.
Has anybody else run into this? If so, how did you get it through your employer's head that you're not exempt from overtime just because they "say your are" but because of the way in which they pay you?