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exemp salary question. Please help. Indiana

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  • exemp salary question. Please help. Indiana

    My husband is an exempt salaried employee for a manufacturing plant in Indiana. His regular working hours are 6:30 am till 3:30 pm. M-F. My question is... is his employer required to compensate for any overtime, considering the fact that he has already logged over 250 hours of overtime within the first 8 months of this year? Please help.

  • #2
    If he is truly an exempt employee, no. There are no circumstances whatsoever under which an exempt employee is entitled to be paid a penny above his or her regular salary, regardless of how many or how few hours he works. Exempt employees are not paid on the basis of hours; they are paid on the basis of the value of the job to the company.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      can you tell me exactly what the exempt salary laws are in indiana, I am under the understanding that it is different for certain jobs.

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      • #4
        To the best of my knowledge, Indiana follows Federal definitions for exempt status. I'm not where I can post the links right now, but Patty can when she comes by.

        In the meantime, what does your husband actually do and for what kind of company? Not his job title or the company name, but a list of his duties and the industry would be helpful.

        BTW, it is not even remotely uncommon for exempt employees to work 60, 70, 80 or even longer weeks, on a regular basis.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          i completely understand that overtime is a normality in salaried position. He works for an automobile parts manufacturing company. He schedules production for the plant. He is not in charge of any employees. No one answers to him. My whole issue is when you figure up on some of his paychecks what he makes versus hours worked, he has been working for like $4 and hour. Just doesn't seem right to me.

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          • #6
            Originally posted by russellsgirl1979 View Post
            i completely understand that overtime is a normality in salaried position.
            Just to be clear, "salaried" is just a payment method and does not mean much by itself. It is quite possible legally for an employee to be subject to paid overtime and be paid a salary.

            Regarding the Exempt status, IF the employee is Exempt, THEN it is likely under the Administrative exception. The employee needs to read that factsheet several times. It will take a lot harder look at his actual job duties to determine whether or not he falls under that exception.
            http://www.dol.gov/whd/regs/compliance/fairpay/main.htm
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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