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Non Profit Salaried Employee Ohio

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  • Non Profit Salaried Employee Ohio

    I am a salaried non-profit arts org. employee and we are revising our handbook. I am paid every two weeks and my check states 80 hours. My hours are from 9 to 4:30 however I arrive at work between 8 and 8:30 am and leave at 4:30. Things are pretty laid back in our office so overtime and comp time have never really been an issue, till now. We are required to work the nights of shows which for some can be 2 to 3 hours and for others 5 or 6, and also all day sunday. These are hours added to our full week of work.

    Our supervisor is now saying that giving us comp time for working over our 40 hrs. is illegal!!

    (1) Is it illegal for an organiztion to compensate employees for working over their 40 hours?

    (2) Do they have to compensate us in anyway for working over our 40?

    I would like to find this out so when we sit down to work on this employee handbook I have some facts to back up what is being decided.

  • #2
    "Salaried" is merely a pay method. Are you exempt or nonexempt?

    1. If you are nonexempt, the employer may NOT substitute comp time for overtime due, unless you work for a public entity, such as a city, county, or state government and, even then, only upon the request of the employee. If you don't work for a government, then any overtime due MUST be paid in cash in your paycheck.

    2. Again, this is going to depend on whether your job duties meet the criteria of an exempt (as in, from the minimum wage and overtime provisions of the Fair Labor Standards Act). Although exempt employees do not need to be paid overtime pay (which seems like a drawback), exempt employees must be paid their full weekly salary (with limited exceptions, which we can go into if you like).
    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
      Thank you for your prompt answer, this is very helpful.
      One more question, how do you know if you are excempt or non-excempt? I have never heard those phrase at work before so I have no idea which I am.

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      • #4
        http://www.dol.gov/esa/regs/complian...a_overview.htm

        Note that the default is nonexempt. Employees that meet the criteria to be classified as exempt do not HAVE to be treated as exempt by the employer, but employees that do not MUST be.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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