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CBA and FLSA status Pennsylvania

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  • CBA and FLSA status Pennsylvania

    If an employee covered by a CBA is in an exempt position within a company, is the employee entitled to overtime pay regardless of his exempt status? Which takes precedence - the FLSA status or the CBA requiring overtime pay after 40 hours? Thanks.

  • #2
    Since an exempt employee NEVER has to be paid "overtime" under the FLSA, IF the CBA requires additional pay for hours worked for exempt employees, the CBA would take precedence.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Then, in a union setting, what's the point of even classifying ee's as exempt or non-exempt if a CBA supercedes the classifications?

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      • #4
        A CBA that pays "overtime" to exempt employees does NOT invalidate the exempt status of the employee, in and of itself. Overtime is not the only thing that results from distinguishing one from the other. Also, is the minimum guaranteed salary requirement, the situations under which an exempt employee's salary may be docked, what deductions can be made from NET pay, not having to calculate "regular rate of pay" for overtime (when there is additional considered earnings, like shift differential or a nondiscretionary bonus). Those are just a few.
        Last edited by Pattymd; 11-20-2006, 09:52 AM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Thank you very much for your help, Patty. I appreciate your time.

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          • #6
            The FLSA merely requires employers to pay time and one half for non- exempt employees who work more than 40 hours in a week. If the employer and union agree to extend that provision to exempt employees...no problem. BUT...the employer still has the federal obligation to pay non-exempt employees per the Act.

            By the way...there is no law which prohibits employers from paying non-exempt MORE than the time and one half required by the FLSA.

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            • #7
              Thanks for your help, Jake...

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