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Michigan- Overtime Question

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  • Michigan- Overtime Question

    I am a salaried employee that gets paid based off of 40 work week. I get a commission from my sales, but I regulary work in excess of 40 hours per week and recently my employer has stated that I need to work on saturday as well and recieve no additional pay. I don't know how my job is classifed by the FLSA and I highly doubt that my employer is aware of how the FLSA works. I will answer any questions that will help answer my question of, Is this right? Am i not entitled to overtime pay?

  • #2
    Salaried is irrelevant - what matters is if you are considered exempt or non-exempt. Not all salaried employees are exempt; not all exempt employees are salaried.

    If you are considered non-exempt under the FLSA, then you are due overtime if you work over 40 hours in a week. If you qualify to be exempt under the FLSA, then it doesn't matter if you work 168 hours a week - you are not due a penny of overtime. That's what exempt employees are exempt FROM.

    I will leave it to DAW and hr for me to determine which you are.
    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
      I have never been told if i am exempt or non-exempt. From what i have read my job duties and classification also determines that status. I work for a small construction company, we don't have HR in any traditional manner. I am also not sure what DAW is.



      Originally posted by cbg View Post
      Salaried is irrelevant - what matters is if you are considered exempt or non-exempt. Not all salaried employees are exempt; not all exempt employees are salaried.

      If you are considered non-exempt under the FLSA, then you are due overtime if you work over 40 hours in a week. If you qualify to be exempt under the FLSA, then it doesn't matter if you work 168 hours a week - you are not due a penny of overtime. That's what exempt employees are exempt FROM.

      I will leave it to DAW and hr for me to determine which you are.

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      • #4
        Daw is a person who posts here...along with me

        What exactly are your job duties -- not your title but what you actually do? Do you use independent discretion? See if any of the below fit...

        https://www.dol.gov/whd/overtime/fs17a_overview.pdf

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        • #5
          Most of my job duties fall into the administrative category. I do use independant discretion as to how i conduct business. I am the only person that handles my customers from start to finish and i have autonomy over the process.

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          • #6
            Federal law (FLSA) is where the overtime and minimum wage rules come from. There are something like 100 exceptions to the overtime rules. The most common group are the so-called White Collar exceptions. I am not saying your employer is correct, but IF they are, then they are claiming that the Executive or Administrative exception is in play. Read up on those two rules.

            https://www.dol.gov/whd/overtime/fs17a_overview.htm
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              yeah, I suspected the Administrative one mostly.....

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              • #8
                I know nothing about MI rules, so I will restrict my answer to federal rules only. DOL historically feels the Administrative exception is very overused. Tons of issued guidance on that. I am not saying that your employer is wrong, but historically employer's classication's under that exception get overturned a lot by DOL. On the other, new administration, who knows? Spending 80% of your time selling stuff does not sound like Administrative.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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                • #9
                  Are your sales done in the office or are you on the road?

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