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Exempt and Non Exempt Salaried Georgia

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  • Exempt and Non Exempt Salaried Georgia

    I have been told I will only be paid hours worked if under 80 bi weekly, but if I work more than 80 hours, like 86, I would only be paid for the 80. No overtime. So what I am Exempt or Non exempt? And is that legal?

  • #2
    It does not sound like either rules are being followed.
    - Salaried Exempt employees never have a right to paid overtime. They cannot legally be docked for partial days not worked (excluding initial/terminal weeks and FLSA). They can be docked for entire days voluntarily not worked or entire workweeks involuntarily not worked. There are additional minor rules not discussed. The federal regulation is 29 CFR 541.602.
    - There are actually several "flavors" of Salaried Non-Exempt employees. The most common is controlled by 29 CFR 778.113. Non-Exempt employees normally must be paid overtime for hours worked past 40 in the workweek. Under 778.113, employees can be docked for base hours not worked. Other "flavors" of Salaried Non-Exempt employees are Fluctuating Workweek (29 CFR 778.114) and Belo Plans (I can look up the regulations if you really need them).
    http://www.dol.gov/dol/allcfr/ESA/Ti.../Chapter_V.htm
    - Any employee can be classified as Non-Exempt, and any Non-Exempt employee can be paid on either a Salaried or Hourly basis.
    - Not all employees can be legally classified as Exempt. Most (but not all) Exempt employees must be paid on a Salaried basis. There are many possible Exempt classifications, but Administrative, Executive, Professional and Outside Sales are the most common.
    http://www.dol.gov/esa/regs/complian...irpay/main.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      And unless we know what you actually do, we can't fathom a guess as to whether you meet the criteria to be classified as exempt.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Originally posted by Amib View Post
        I have been told I will only be paid hours worked if under 80 bi weekly, but if I work more than 80 hours, like 86, I would only be paid for the 80. No overtime. So what I am Exempt or Non exempt? And is that legal?
        It depends on if you are correctly classified as "exempt." Please tell us your job title and a few words about what you do day to day.
        Any advice provided does not create an attorney-client relationship. This is a public forum and therefore no confidentiality is assured. Attorney Joel Grist does not enter into an attorney-client relationship without a written representation agreement.

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        • #5
          I tried that question, too. The OP hasn't come back.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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