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Non-exempt in PA but paid salary Pennsylvania

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  • Non-exempt in PA but paid salary Pennsylvania

    Hi! My husband is a manager at his place of business, he has a salaried position, gets paid fluctuating overtime (Chinese overtime), but is labeled as a non-exempted employee. He works 4 - 10 hours days, with mandatory overtime on Sundays only until 8:00 p.m. He is allowed to work more overtime, but the more overtime he works, the less he gets paid. I don't understand this. I am very upset about this because he goes above and beyond what is expected of him and this is how he is thanked for his hard work. My first question is, is this type of fluctuating overtime legal in PA - The more hours you work, the less you get paid? Also, are you allowed to be a salaried employee and non-exempt at the same time? I am so confused and don't know where to turn.

  • #2
    Sorry this is late but here's a quick explanation of this OT that you referred to:

    Individual working 40 hours gets $400. That breaks down to $10.00 per hour.
    Individual working 45 hours gets the same $400 (for the 40 hours of work) but now OT has to be calculated. $400/45 = $8.89 per hour. OT is paid at one-half of that $8.89 rate on those 5 hours. So the pay would be $400 (40 hours) + $22.20 ($4.44 x 5 hrs) for the week.

    That's how it works, basically. Here is a good site to refer to

    If the person only works 38 hours, the minimum pay is still $400 though. So they are salaried non-exempt.