The DOL/WHD makes it very clear that a Salaried Non-Exempt employee must be paid OT for hours over 40 per week.
You are incorrect and I am going to leave it there. It is not just a payment method under the law whether an employee is salaried or wage. A salaried employee making more than the amount I posted is exempt. If you have some authority that says otherwise, then post it.
The minimum salary of $455 per week is only one of the requirements to be determined exempt. Even in the category of highly compensated employees (excess of $100,000 annually), there are other requirements for them to be classified as exempt.
so the amount of income alone will not allow an employee to be considered to be and treated as exempt. The job duties must also align with the particular exemption allowance.The regulations contain a special rule for “highly-compensated” workers who are paid total annual compensation of $100,000 or more. A highly compensated employee is deemed exempt under Section 13(a)(1) if:
- The employee earns total annual compensation of $100,000 (has since been adjusted to $134,000) or more, which includes at least $455*(also increased) per week paid on a salary basis;
- The employee’s primary duty includes performing office or non-manual work; and
- The employee customarily and regularly performs at least one of the exempt duties or responsibilities of an exempt executive, administrative or professional employee.
Thus, for example, an employee may qualify as an exempt highly-compensated executive if the employee customarily and regularly directs the work of two or more other employees, even though the employee does not meet all of the other requirements in the standard test for exemption as an executive.[
As such, budwad s statement previously is incorrect.
I suggest that you read the law about what a salaried but nonexempt employee is. If they make more than $47,476 and salaried, or they are EAP employees, they are not nonexempt and are not entitled to overtime..
he is incorrect stating only salary in excess of $47,476 allows one to be classified as exempt and he he is incorrect stating an EAP employee is exempt. There are more than those requirements in either category to be allowed to be treated as exempt.
The minumim salary is also not $47,476 but is greater than that. I believe it’s around $54,000 now.
and the authority was from your own link budwad
Bud, an employee who meets the definition of exempt, MAY be classified as exempt. There is no requirement that all employees who could be classified as exempt, are.
ANY employee can legally be considered non-exempt. If they were willing to pay the overtime, Microsoft could make Bill Gates non-exempt.
Find me a law that says this is not true. The one you have posted certainly does not.
And if my confusing post is confusing
Not all jobs must be salaried to be exempt either.
To determine if a person can be treated as exempt, one must review not only the level of pay but whether it is salary or hourly (some hourly employees can be exempt but many exemptions require the employee to be salary), and the duties of the employee.
The amount of pay alone coupled with it being salary does not allow for any employee to be properly classified as exempt, at least that I have found.
In order to help the OP salary vs. hourly is not an issue here. The OP even knowns that OT will likely need to be paid. EVERYTHING else in this thread is noise.