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fishbrains, that's not true, people can be salaried and non-exempt. it's not common but it's possible. it's not common because it really only benefits the employee - they are paid a set amount if they work less than their normal hours, but they get overtime if they work over 40 a week.
I stand corrected. I guess one could structure a job that way.
I suspect that confusion about exempt vs. non-exempt is more likely than the Demario you propose, but I will keep this option in min pond for the future.
If you WORK over 40 hours in a week, you should get overtime pay. They just take your salary and calculate your hourly rate.
Quote:
Originally Posted by groar
he's probably exempt then.
but salary and exempt status don't always go together.
if he's non-exempt, he should sue the company for back pay. he will win.
OK, I'd better back up and clarify. I thought that mattywo85 was making a general statement based on his opinion, that if anyone works over 40 hours in a week, they deserve to get overtime pay. I agree with this, but of course that's not how it works for exempt employees. My husband IS exempt, so no, he doesn't get OT. Personally, I don't think anyone should have to work as many hours as he does. Companies wouldn't take advantage of their exempt employees, expecting 60 to 80 or more hour work weeks, if exemption from OT was not an option, and they had to actually pay overtime for all those extra hours. As it is, companies can basically get 1 person to work the hours of 2 people.
fishbrains, that's not true, people can be salaried and non-exempt. it's not common but it's possible. it's not common because it really only benefits the employee - they are paid a set amount if they work less than their normal hours, but they get overtime if they work over 40 a week.
Quote:
Originally Posted by fishbrains
I stand corrected. I guess one could structure a job that way.
My son just started a position in California last week. He told me he is salaried but gets OT after 40 hours. When I expressed my surprise about that, he said it is common in California, and that it is fairly difficult to legally classify a position as "exempt."
OK, I'd better back up and clarify. I thought that mattywo85 was making a general statement based on his opinion, that if anyone works over 40 hours in a week, they deserve to get overtime pay. I agree with this, but of course that's not how it works for exempt employees. My husband IS exempt, so no, he doesn't get OT. Personally, I don't think anyone should have to work as many hours as he does. Companies wouldn't take advantage of their exempt employees, expecting 60 to 80 or more hour work weeks, if exemption from OT was not an option, and they had to actually pay overtime for all those extra hours. As it is, companies can basically get 1 person to work the hours of 2 people.
oh, i don't think it's fair either. but it's the way the law works right now.
matty said later that he misspoke, he was referring to legality and he was talking about non-exempt salaried people.
My son just started a position in California last week. He told me he is salaried but gets OT after 40 hours. When I expressed my surprise about that, he said it is common in California, and that it is fairly difficult to legally classify a position as "exempt."
That is what I mentioned in my other posts, that it depends on the state. California is one that adds extra protections from abuse of exempt status. There was a big case involving EA a few years ago, it did not turn out well for EA. Other states have similar protections, but they're rarely enforced. In theory if you are exempt you could be forced to work 24x7x365.
You cannot be both salaried and non-exempt. A salaried person is exempt, a non-exempt person is paid hourly.
Not true. A person can be salaried non-exempt employee.
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