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Salary nonexempt and no overtime! Michigan

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  • Mike30
    started a topic Salary nonexempt and no overtime! Michigan

    Salary nonexempt and no overtime! Michigan

    My wife works as a supervisor for a hotel in the Detroit MI area. It was agreed that she would be paid salary at $455 a week for 5 days of work. Several months into this position the employer then claimed that her pay is based on 50 hrs of work (which she avg 42-46 Hrs week), so he has repeatedly docked her pay for any hours less than 50 in four instances but not everytime. But then when she works over 50 Hrs, they do not pay her straight nor overtime. Her manager claims she is considered a "nonexempt salaried" employee, but wont pay her overtime over 40 Hrs as I believe the law states. Even after meeting repeatedly with him about this issue it was taking over his head to the hotels superior district manager. Yet again both claimed in agreement that they are perfectly legal to do this deduction, they are only legally obligated to pay the min $7.40 per hour by law. Is this legal??? Im I crazy to conclude they are treating her both as exempt and nonexempt (illegally) in any manner possible to avoid overtime pay???

  • HRinMA
    replied
    There are strict rules on when an exempt salary can be docked.

    http://www.dol.gov/whd/regs/complian...lPolicy_PF.htm

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  • Mike30
    replied
    Perhaps I would agree. However that being said, if she is exempt status can her employer dock her pay below the $455 salary min at an hourly rate? The employer tracks her hours then deducts her pay when less than 50 hrs week. I understand the employer can do this as long as she is still paid $455 week. Since her salary is $455, any deduction below that amount would disqualify her as exempt automatically. Correct?

    It is confusing and becomes a circular conversation with the employer. We plan to contact the DOL for further advise. thanks for you help and any other further comments.

    Leave a comment:


  • DAW
    replied
    The problem is this. If I was someone in a position of authority I would say that:
    - The employee is Exempt under the Executive classification.
    - The person who told the employee that they were non-exempt was misinformed.

    Maybe DOL would agree with me and maybe they would not. But based solely on your post, my claim is not inhenently unsupportable.
    http://www.dol.gov/whd/regs/complian...a_overview.pdf

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  • Mike30
    replied
    Her supervisor duties includes scheduling personnel's work week, scheduling daily room assignments, assist in hiring/evaluating housekeepers performance, and takes care of supply inventory ordering. She also has to perform misc manual labor on a daily basis (vacuuming, polishing, dusting, stripping rooms bedding, assisting housekeepers clean rooms, windows.) Many times when business is slow she is assigned by manager to assume all laundry duties so as to call off the reg laundry person. She estimates manual labor varies daily from 20% - 60% of her time.

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  • DAW
    replied
    What are the actual job duties?

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