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Labor Laws - Overtime question

Summer05 Posted:

Labor Laws - Overtime question

Does anyone work for the Department of Labor??
I have a question regarding overtime pay when an emplyee is paid on a salery basis.
Is it correct that a person getting paid an hourly rate (more than min. wage) working 50 hours a week and collecting overtime can be switched to being paid on a salery basis for the same 50 hours and is no longer eligible for the overtime pay? Is this true even if the person works days that exceed 8 hours?


lilacwine Posted:

Re: Labor Laws - Overtime question

No. Jobs don't switch from being non-exempt to being exempt unless there's a major change in responsibility -- like going from a bank teller to managing an entire bank branch and not regularly performing teller duties. If a job is considered 'non-exempt' by the FLSA (federal law that governs these things) the person in the job must be paid 1.5x the hourly rate for all hours worked over 40 per week. It doesn't matter how many hours are worked in a day.

There are a few, very obscure exceptions to this rule that I don't know off the top of my head. Generally, 'exempt' jobs are management positions or those that demonstrate significant independent judgement.

What's the job?
suven Posted:

Re: Labor Laws - Overtime question

you are not in CA are you? CA calculates the hours worked per day, not per week.

In NY, OT for non-exempt employees is calculated for all hours worked over 40 hours per week.

Also, NY requires that you have a 30 meal break each day (which can be unpaid)

to answer your question, there would not be a switch from 'non exempt' to 'exempt' just because the boss feels like saving money.

However, it could be possible that after analyzing the job duties, the employer realized that the job is truly an exempt position and should have always been paid on a salary basis and not be subject to overtime.

There are several exemptions to the FLSA. The one that usually trips people up is the 'administrative' exemption. It does NOT mean that the admin assistant is exempt. But, if someone is working independently, free from supervision, and that person's work, suggestions and ideas have a big impact on the business, s/he could be considered exempt under the 'administrative' exemption.

There's also Learned and Creative professionals. Learned would be someone with advanced knowledge in the field. Creative would be an artist.

So, to make a long story short, what do you do? What is your occupation? Have you been promoted?

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