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Thread: Forced Overtime for Salary Employees Michigan

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    Default Forced Overtime for Salary Employees Michigan

    I work for a design company in Michigan. All of us designers are salary based off 40 hour work weeks. The other day we were informed we needed to work 10 hour days and 8 hour weekends. Can they legally make us work this or let us go if we dont?

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    Regardless of whether you're "salary" or not, an employer's free to dictate work hours.

    No one can "make" you do anything, but the employer can fire you if you don't work when they need you to work.

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    Whether you are salaried exempt or salaried non-exempt, yes this is legal. You need to work whatever hrs. your employer requires you to in your state unless you have a binding employment contract to the contrary. There are some exceptions for certain occupations such as long haul trucker, airline pilots, minors for some examples. If you are non-exempt, you need to be paid OT when applicable, exempt, no OT pay required.

    You can be let go & it would be legal if you do not work the required hours.
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    With very few exceptions such as air line pilots, long haul truckers and minor children employees, pretty much any employer can make pretty much any employee work pretty much any hours the employer wants. Unless you have a contract or CBA that say you cannot be forced to work overtime, you have to work overtime.

    The only real question is whether or not overtime (hours worked past 40 in the workweek) must be paid. You mentioned "salary". That is just a payment method that does not mean much by itself. Not all employees who are Exempt from overtime are paid a salaried basis and not all people paid a salary are legally Exempt. Being Exempt from overtime is a function of the actual job duties and sometimes the industry.
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    They call us "exempt" here, but not sure if we are legally exempt. I know one of the qualifications is being paid salary, but is it true if they deduct your pay, lets say you work 39 instead of 40 hours, then you are no longer exempt status?

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    What are your actual job duties? What is your industry?

    ------

    There are something like 100 or so Exempt classifications in the FLSA law. Exactly four of those (Administrative, Executive, IT Professional, Professional) have a Salaried Basis requirement and the last two of those do not always have that requirement. Sheepherders are Exempt. Movie theater ushers are Exempt. Saying that someone is Exempt really does not mean much unless we know exactly which Exempt classification is involved.
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    Quote Originally Posted by delaveishi View Post
    They call us "exempt" here, but not sure if we are legally exempt. I know one of the qualifications is being paid salary, but is it true if they deduct your pay, lets say you work 39 instead of 40 hours, then you are no longer exempt status?
    Incorrect on both counts. As someone else has noted, jobs can be legally classified as "salaried non-exempt". And exempt status doesn't change just because of a deduction in pay.

    Exempt/non-exempt depends on job duties. You have said you're a designer - if your job duties correspond closely with this title, then your job is probably exempt.
    Last edited by eerelations; 09-06-2012 at 12:51 PM.

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    OP, you'll need to come back with your actual job duties & industry (not actual name of employer) as DAW requested before we can give you a better idea of whether you are exempt. You can't always go by job title - job duties is what would make you exempt or not.
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    I am a catia designer for a prototype vehicle company, they havent sold anything yet, but are going into production soon



    Quote Originally Posted by DAW View Post
    What are your actual job duties? What is your industry?

    ------

    There are something like 100 or so Exempt classifications in the FLSA law. Exactly four of those (Administrative, Executive, IT Professional, Professional) have a Salaried Basis requirement and the last two of those do not always have that requirement. Sheepherders are Exempt. Movie theater ushers are Exempt. Saying that someone is Exempt really does not mean much unless we know exactly which Exempt classification is involved.

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    Have no idea what a "catia" is (and it doesn't matter whether they sell zero widgets/cars), but if it requires specialized training or a degree, you can pretty much count on it being an exempt position. You can hit the dol.gov site and read up about FLSA, or google "exempt vs. non-exempt".

    In short, so long as you're paid $455/week, the employer is covered regardless of whether you work 24/7 (effectively meaning you'd wind up getting less than min. wage if you went by the hour).

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    I am including a pointer to the so-called White Collar exception. You might fall under the Professional exception, although it takes a lot more then a job title to confirm that. To greatly over simplfy things, a Professional has either the equivelant of a Masters degree or a comparable certification like a CPA. A designer may or may not be Exempt. Absent formal professional credentials or greduate level education, we are basically looking at what your state has determined the minimum reuirements for an Exempt designer to be.

    Example. The head chef at a fancy restaurant is probably Exempt and the cook at the diner probably is non-exempt, but swaping their job titles does not swap their Exempt status. There are some very specific rules about just what makes someone who cooks food Exempt. And none of them are function of the job title.

    http://www.dol.gov/whd/regs/complian...a_overview.pdf
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