And the employer is never required to make an employee exempt, even if he meets all the requirements. The reverse is not true.
I posted the US code before I referenced the salary limits. So it is obvious that the salary requirement is not the only controlling factor.
I asked OP why they were salaried and nonexempt. That is an unusual classification. Without an answer from OP, all your speculation is just that when it comes to whether or not OP is entitled to overtime.
Under what circumstances would an employer make an employee salaried and nonexempt? To what advantage is that to the employer? A salaried employee has a guaranteed salary whether they work 30 hours or 50 hours as long as they do their job.And the employer is never required to make an employee exempt, even if he meets all the requirements. The reverse is not true.
§541.602 Salary basis.
(a) General rule. An employee will be considered to be paid on a “salary basis” within the meaning of this part if the employee regularly receives each pay period on a weekly, or less frequent basis, a predetermined amount constituting all or part of the employee's compensation, which amount is not subject to reduction because of variations in the quality or quantity of the work performed.
So tell me how the overtime rate for a salaried and nonexempt employee is calculated? And how does that comport to the definition of a salary basis?
Bud, you need to get out more. Salaried non-exempt is quite common. It is used most often in situations where the employee has fairly high level responsibilities without quite breaking the exempt threshold (or possibly breaks into it but only just) and generally works a fairly regular schedule but occasionally does overtime. I've BEEN salaried non-exempt. More than once. The OT rate is calculated by dividing the weekly salary by 40 to get an hourly rate and then multiplying the result by 1.5 to get an overtime rate. You don't have to be a mathematician to figure that out.
That is the obvious answer. So you say that if an employee works 35 hours in week one and 42 hours in week 2, they are entitled to 2 hours of overtime?
and they all exceed the pay threshold and they might all actually meet the exempt classification requirements to be treated as exempt...
but they are not treated as exempt even if they could be. They also punch a time clock and are held very tightly to their 42.5 hour week schedule with an occasional tolerance of extending a holiday weekend by a day.
Im not sure I see a benefit to the employer but that’s how they do things where I work.