Page 5 of 5 FirstFirst ... 3 4 5
Results 41 to 50 of 50
  1. #41
    Join Date
    Oct 2016
    Posts
    4,099

    Default Re: Hours/Ot Paid for Offsite Event

    Quote Quoting jk
    View Post
    agreed. I was simply attempting to correct misinformation that is within the noise.
    As a few of us had already tried over and over to do.

  2. #42
    Join Date
    Oct 2006
    Posts
    16,256

    Default Re: Hours/Ot Paid for Offsite Event

    Quote Quoting budwad
    View Post
    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.
    Bud, you really are wrong. I am not an HR professional and I still know that you are wrong. There are more criteria than just salaried with an income over a certain level. There are other criteria as well that must be met.

  3. #43
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,440

    Default Re: Hours/Ot Paid for Offsite Event

    And the employer is never required to make an employee exempt, even if he meets all the requirements. The reverse is not true.

  4. #44
    Join Date
    Nov 2013
    Posts
    6,932

    Default Re: Hours/Ot Paid for Offsite Event

    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.

    And the employer is never required to make an employee exempt, even if he meets all the requirements. The reverse is not true.
    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.

    §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?

  5. #45
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,440

    Default Re: Hours/Ot Paid for Offsite Event

    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.

  6. #46
    Join Date
    Nov 2013
    Posts
    6,932

    Default Re: Hours/Ot Paid for Offsite Event

    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?

  7. #47
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,025

    Default Re: Hours/Ot Paid for Offsite Event

    If the employee is salaried non-exempt, then yes.

    Quote Quoting cbg
    View Post
    Salaried non-exempt is quite common.
    Receptionists, file clerks, accounting and finance clerks, IT Help Desk staff, CSRs, retail sales clerks...and that's just off the top of my head.

  8. #48
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Hours/Ot Paid for Offsite Event

    Quote Quoting budwad
    View Post
    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?
    That’s how it works with the dozen or so salaried non-exempt employees where I work

    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.

  9. #49
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,440

    Default Re: Hours/Ot Paid for Offsite Event

    Quote Quoting budwad
    View Post
    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?
    Yes. Because that is what the law says. If they are non-exempt, no matter how they are paid, they are entitled to overtime any week they work it.

  10. #50
    Join Date
    Oct 2006
    Posts
    16,256

    Default Re: Hours/Ot Paid for Offsite Event

    Quote Quoting jk
    View Post
    That’s how it works with the dozen or so salaried non-exempt employees where I work

    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.
    Budget consistency can be a benefit.

    1. Sponsored Links
       

Page 5 of 5 FirstFirst ... 3 4 5

Similar Threads

  1. Compensation and Overtime: What to Do if You're Not Paid for All Hours Worked
    By Signsofpoetry in forum Employment and Labor
    Replies: 16
    Last Post: 12-19-2017, 04:08 PM
  2. Compensation and Overtime: Not Getting Paid for All Hours Worked
    By CAPS4SAMMEH in forum Employment and Labor
    Replies: 3
    Last Post: 06-13-2016, 08:01 PM
  3. Compensation and Overtime: Did Not Get Paid for Hours Worked
    By cwburns32 in forum Employment and Labor
    Replies: 1
    Last Post: 04-13-2013, 06:48 PM
  4. Compensation and Overtime: Mileage Reimbursement for Offsite Office Visits
    By Diabolus in forum Employment and Labor
    Replies: 1
    Last Post: 03-26-2013, 07:49 AM
  5. Hours: Overtime Hours Not Paid
    By juliangu1 in forum Employment and Labor
    Replies: 1
    Last Post: 04-05-2010, 05:26 PM
 
 
Sponsored Links

Legal Help, Information and Resources