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exempt and non-exempt???

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  • exempt and non-exempt???


    I am a recent college graduate, and I just get my first job.

    My job is like an internal office job, pay buy monthly salary.

    Could you tell me what’s the different between exempt and non-exempt?

    My supervisor told me because my job is a non-exempt job, so I can not get any overtime pay.

    Is this true???

  • #2
    That's backwards. Exempt means you are exempt from the minimum wage and overtime requirements of the federal Fair Labor Standards Act. Nonexempt means you aren't.

    Here is and FLSA fact sheet about what criteria must be met to be considered exempt:

    Employees are considered nonexempt by default, unless you meet the criteria for one of the exemptions listed above.

    "Salaried" is merely a pay method. If you are nonexempt, you still must be paid overtime for all hours worked in excess of 40 hours in a workweek (the 7-consecutive-day period defined by the employer).

    And, BTW, if you are nonexempt, please let us know what state you work in. In a number of states, nonexempt employees must be paid no less frequently than semi-monthly (twice a month).
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      I guess should be an exempt worker than

      I work in California, my job title is marketing coordinator and the job is like an office operation job.

      My monthly pay is $2400 USD (8 hours a day, 40 hours a week)

      If I work over 40 hours a week, should I get any overtime pay???


      • #4
        On the basis of the information you have provided, it is impossible to say whether you are correctly classifed as exempt or not; we'd need to know more about your specific job duties.

        However, IF you are correctly classified as exempt, then there are no circumstances whatsoever in which you are legally entitled to overtime, no matter how many hours you work.
        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.


        • #5
          I got another question

          Even I am a monthly pay salary worker, the company ask me the clock my time sheet 4 times a day

          ·The time I got in the office
          ·The time I went to lunch
          ·The time I come back from lunch
          ·The time I go home

          And in the employee handbook write
          Meal Time / The required lunch period for all employees is 60 minutes. It may be taken at any time between 11:00AM and 1:30PM with the approval of your supervisor/manager.

          Once I went lunch at 12:45 and I got back at 1:37 within 60 minutes
          However, the company cut my salary for 7 minutes

          Is this reasonable???


          • #6
            The title is not important; we still need to know your duties to be able to advise you accurately.

            However, if they are docking your salary because you are 7 minutes late from lunch, that is not allowed for exempt employees.

            However, the employer is not prohibited from requiring exempt employees to clock in and out, nor to force them to take lunch at a specific time.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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