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Salary Non-Exempt
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Salary Non-Exempt
Discuss workforce management, performance management, retention, communication, motivation, contributing to business results and other topics.
We are a small company of 25 employees. A manager told me today that he wanted to make an employee a salary non-exempt status. She is college educated, does not supervise anyone because there aren't m
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Salary Non-Exempt
posted at 9/7/1999 2:37 AM EDT
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Posts: 2
First: 9/7/1999 Last: 12/1/1999 |
We are a small company of 25 employees. A manager told me today that he wanted to make an employee a salary non-exempt status. She is college educated, does not supervise anyone because there aren't many people in the department, but needs the extra OT for childcare. How do you deal with salary non-exempt, and is she qualified? Please HELP! |
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Salary Non-Exempt
posted at 9/7/1999 4:17 AM EDT
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Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
If he plans to do exactly what he said, there's no problem. A salaried-NON-exempt position is one that is NOT exempt from the OT rules. She would be paid, $x-amount for the workweek, and 1.5 times her regular rate for OT.
If he makes the position, salaried-Exempt, meaning she would be paid a flat amount weekly, regardless of hours worked, with no chance at OT, from what you've described, there may be a problem in qualifying for an exemption, however it IS possible. It has nothing to do with the job title, and everything to do with what the duties and responsibilities entail. There are executive and administrative exemptions that don't require the supervision of others. |
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Salary Non-Exempt
posted at 9/13/1999 3:27 AM EDT
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Posts: 1
First: 9/13/1999 Last: 9/13/1999 |
As was pointed out treating someone as non-exempt from the law is not going to be issue as you may be "over complying". Even though you are in a small company, the issue may be a problem of comparing this job to another similar position which is being treated as exempt. It is usually best to examine the position in view of its status under the law as opposed to making the decision on a discretionary basis. FLSA compliance can be confusing enough without creating complications. |
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Salary Non-Exempt
posted at 9/16/1999 10:30 PM EDT
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Posts: 60
First: 6/13/1999 Last: 5/22/2005 |
It depends on the job. If it is a clerical position, it is non exempt regardless of whether you pay hourly or salaried.
You just don't make people non exempt because you want to give them overtime. You can always give an exempt person straight time overtime. If you make a job that should be exempt non exempt and other people in that job title see her getting ot they will want it too. In addition, should someone who is in that job title and classified exempt by you calls the DOL, The DOL will make all the people in that job title non exempt and you will HAVE to pay them time and a half. |
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