I don't understand. Salaried employees do not get overtime. That is why they are called salaried. Do the job for the salary. Hourly employees get overtime after working (usually) beyond 40 hours. So what am I missing?
I don't understand. Salaried employees do not get overtime. That is why they are called salaried. Do the job for the salary. Hourly employees get overtime after working (usually) beyond 40 hours. So what am I missing?
You are missing the fact that it is not whether an employee is salaried or hourly that matters when it comes to overtime, but whether an employee is exempt or non-exempt. Not all exempt employees are salaried. Not all salaried employees are exempt.
You are also missing that it is ALWAYS legal to make an employee non-exempt, while the reverse is not true.
A pretty big chunk of labour law!
"Salaried" is a pay method about which labour law cares nothing about. The legal terms are "exempt" and "non-exempt" meaning exempt or not from OT pay requirements. Some salaried positions are exempt, some are non-exempt. Some hourly positions are exempt, some are non-exempt.
This site explains the different between exempt and non-exempt pretty well:
http://www.cpapracticeadvisor.com/bl...empt-employees
Thanks for the link. So OP was a salaried supervisor employee that was nonexempt because he does not fit into one of the exempt categories and so he was entitled to overtime pay under the FLSA. Now OP had his title changed, changed from salary to hourly employee, had his differential pay dropped and is not allowed overtime and remains nonexempt.
I assume that OP means that company policy will not allow him to work overtime but if he did work overtime, he would have to be paid for it since he is still nonexempt.
I think I understand it now. Thanks. I'd be updating my resume about now.