kernl
04-18-2007, 08:43 AM
My small business has two employees who are currently hourly employees. We want to change them to salary. Their job duties include marketing, accounting, web site management, daily tasks required for running the business, customer relations, deliveries, some production duties if needed and basically every task associated with running the business. Would this be legal to do in the state of Nebraska??
ScottB
04-18-2007, 08:53 AM
I take it your question is not about making them salaried, but whether or not you can make them Exempt, meaning they don't get overtime.
Non-exempt employees can be salaried, but if there is overtime, they must be paid it.
Generally speaking, exempt employees must make at least $455 a week in salary. That amount cannot go down because of a partial day absence with some very limited exceptions.
If they meet the salary test, you still need to look at the duties.
Review the different exemptions under federal law
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fact_exemption.htm
Pattymd
04-18-2007, 08:54 AM
If by "salaried", you mean "exempt", see here. If anything, I'm thinkin the Administrative exemption.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17c_administrative.htm