Hello. I was needing to know which states do not allow for salaried non-exempt employees to be paid by the FLSA's fluctuating work week. I know that California does not allow it. The following are the other states that I am under the impression do not allow it, but I just wanted to check: Alaska, Hawaii, Idaho, Mass., and Nevada (1/2x for over 40/wk, but 1.5x for 8hrs/day). If you could please clarify for me, that would be appreciated. :)

I was needing to know which states do not allow for salaried non-exempt employees to be paid by the FLSA's fluctuating work week. Huh? Could you clarify exactly what you're referring to?

Under the FLSA, employers can pay salaried nonexempt employees halftime rather than time and a half under a fluctuating work week. This is sometimes referred to as "Chinese Overtime." I know that California does not allow this nor does Idaho. I needed to know what other states do not allow for this method of overtime payment.

Thank you.

Geez, I hate that term "Chinese overtime." (A pet peeve of mine because it's seems so racist.)

Anyway, there's a payroll expert who's a regular responder here - Patty. She may be able to advise you.

I know. I dislike the term as well. I use "halftime" to describe it, but it seems as though everyone knows the other term when asking a question about it. Thank you very much for looking into it. I appreciate it. :)

Beth, has Patty found this site yet? We may need to bring it to her attention.

Good point. When I responded I was thinking of the other site.

Next time I see her I'll point her in this direction.

I am not sure I understood the question?

NOTE: I am not the Payroll Patty referred to, but was emailed to join this group. I am the Patty who has worked in Idaho.



From Idaho Commerce and Labor Website, July 7, 2005

OVERTIME

In accordance with the FLSA, and except as hereinafter otherwise provided, no employer shall employ any employee longer than forty (40) hours in a workweek consisting of seven (7) consecutive twenty-four (24) hour periods unless such employee receives compensation for the employment in excess of forty (40) hours at a rate not less than one and one-half (1-1/2) times the employee's regular rate of pay.

Workweek: A workweek is a period of 168 hours during seven (7) consecutive 24-hour periods. It may begin on any day of the week and any hour of the day established by the employer. For the purpose of overtime payment, each workweek stands alone; there can be no averaging of two (2) or more workweeks.

COMPUTING OVERTIME FOR SALARIED EMPLOYEES

Unless specifically exempt under the provisions of the FLSA, salaried employees must be paid time and one-half for all hours worked in excess of forty hours (40) in a workweek.

The following are examples of exemptions which are illustrative, but not all-inclusive. These examples do not define the conditions for each exemption.

FLSA EXEMPTIONS FROM BOTH MINIMUM WAGE AND OVERTIME PAY

Executive, administrative, and professional employees (including teachers and academic administrative personnel in elementary and secondary schools), outside sales employees, and employees in certain computer-related occupations (as defined in Department of Commerce & Labor regulations);
Employees of certain seasonal amusement or recreational establishments, employees of certain small newspapers, seamen employed on foreign vessels, employees engaged in fishing operations, and employees engaged in newspaper delivery;
Farm workers employed by anyone who used no more than 500 "man-days" of farm labor in any calendar quarter of the preceding calendar year;
Casual babysitters and persons employed as companions to the elderly or infirm.
FLSA EXEMPTIONS FROM OVERTIME PAY

Certain commissioned employees of retail or service establishments; auto, truck, trailer, farm implement, boat, or aircraft salesworkers, or parts clerks and mechanics servicing autos, trucks, or farm implements who are employed by nonmanufacturing establishments primarily engaged in selling these items to ultimate purchasers;
Employees of railroads and air carriers, taxi drivers, certain employees of motor carriers, seamen on American vessels, and local delivery employees paid on approved trip rate plans;
Announcers, news editors, and chief engineers of certain nonmetropolitan broadcasting stations;
Domestic service workers living in the employer's residence;
Employees of motion picture theaters; and
Farm workers.
FLSA PARTIAL EXEMPTIONS FROM OVERTIME PAY

Partial overtime pay exemptions apply to employees engaged in certain operations on agricultural commodities and to employees of certain bulk petroleum distributors.
Hospitals and residential care establishments may adopt, by agreement with their employees, a 14-day work period instead of the usual seven (7)-day workweek, if the employees are paid at least time and one-half their regular rates for hours worked over eight (8) in a day or 80 in a 14-day work period, whichever is the greater number of overtime hours.
Employees who lack a high school diploma, or who have not attained the educational level of the 8th grade, can be required to spend up to 10 hours in a workweek engaged in remedial reading or training in other basic skills without receiving time and one-half overtime pay for these hours. However, the employees must receive their normal wages for hours spent in such training and the training must not be job specific.

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