Exempt vs. Non-exempt salaried employees

[Guest rkmarkus]

What is the difference between an exempt and non-exempt employee, especially where overtime is concerned?

[Guest Charlie Stevens]

The Wage and Hour laws have specific categories for employees that are exempt vs. non-exempt for overtime purposes. Exempt classifications include Administrative, Executive and Professional employees. Specific definitions of these classifications have been set forth in the FLSA regulations. If you can be more specific about your issue, I might be able to point you more precisely. An exempt employee may not be docked pay if he performs part of day's work but not all. Exempt employees need not be paid overtime. Non-exempt employees may be docked but must be paid overtime.

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Charlie Stevens

Michael Best & Friedrich LLP

[Guest rkmarkus]

I am considered an exempt employee, but my employer has allowed me to accumulate any overtime that I have worked over a two year period. Two questions arise about this:

1. Should they pay me all of the accumulated overtime, part of it or none of it?

2. If they pay me only a portion of it, should I be able to use the remaining portion as "comp time"?

Additionally, you mentioned that they cannot dock my pay if I do not work a complete day. How does this work?

Finally, are there specific definitions for an exempt or non-exempt employee, as far as responsibilities, etc?

[Guest Charlie Stevens]

Whether you are exempt or non-exempt does not have as much to do with how your employer classifies you as it does with how well your particular circumstances fit within the definition of "exempt" status. Your best bet is to find out if you are truly exempt. If so, any additional amounts that your employer pays you would probably be voluntary on its part as opposed to legally required. There is also a possibility that the arrangement itself is a factor in determining whether you are exempt or non-exempt. I suggest that you have the employer confirm what your status really is, with the assistance of legal counsel or a call by your employer to the Wage and Hour Division, if necessary.

[Guest C. I. Ronzo]

An exempt employee has his wages withheld on days his boss feels he has spent less than 8 hours on the job, but this employee does not receive overtime payments for days he spends more than 8 hours on the job. The employer has 7 employees.

1. Does this employer fall under the FLSA?

2. Does this employee have any recourse?

[Guest Lori357]

My husband is a salaried employee, but is paid a 10% commission for jobs over and above his contract obligations. He knows that his company has been paid for these "tag" jobs, but he has invoices dating back to April that they have not paid him for yet. Is this legal? Is there a law against someone not paying the person who made them the money month after month? If so, where can I find it? Thank you! Lori

[Guest mo]

My company employs both exempt and nonexempt on a probationary status during the first 90 days of employment. During that 90 days, those employees are not paid for holidays that other employees are paid for. Is this a problem with respect to exempt employees?

[Guest Carlos Rivera]

I also need some help in defining the specific duties included under Exempt employees (if they even exist). I was able to print out a copy of the Fair Labor Standards Act (FLSA) from the Dept of Labor web site (www.dol.gov) and Section 13 (a) 1 only states that "any employee employed in a bona fide executive, administrative, or professional capacity" (is exempt).... but does not define the specific elements that would make a determination "bona fide". Am I asking to much to expect a "laundry list" of duties such as what the IRS publishes to distinguish between an independant contractor and an employee?