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Part time Exempt vs. non-exempt Oregon

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  • Part time Exempt vs. non-exempt Oregon

    My first question - are all salaried employees considered exempt?

    Second - I am part time (20 hours) salaried with hours assigned. I have no managerial duties. I set up and take down chairs, run errands and work a sound booth and other odd jobs as they come up.

    I've asked to be put on hourly but have been told no. I worked 40+ hours for 6 months but at only 20 hours of pay. We don't keep time sheets.

    Thank you.

  • #2
    Salaried is a pay method and has nothing to do with exempt status other than being the most common pay method among those who are exempt. If those are your duties, then it is very unlikely that you are exempt. You would need to be paid for the hours that you work, including OT if you work more than 40 hours. You can find more information regarding what industry specific exemptions exist here http://www.dol.gov/esa/fact-sheets-index.htm
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Thanks.

      Is there any kind of minimum for part time salaried. I am definitely not hourly.

      I guess I don't get the point of part time salaried. If a person has to be paid for hours worked over 20 (or assigned hours), why not classify as hourly. Are there advantages for the employer to hire as part time salary?

      Thanks

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      • #4
        You misunderstand. If exempt, you are paid the same amount regardless of the number of hours that you work. It therefore does not make one bit of difference if you are scheduled for 20 or 40 or 60.

        However, given your job duties, it is unlikely that you are exempt, in which case they may pay you on a salary basis, but they also must pay OT if you earn it. Dpending upon the actual salary method in place, they may owe you for the hours over 20. See here for details http://payroll-taxes.com/articles/sa...ernatives.html
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          Thanks for the clarification and the article.

          As I understand it, if I'm salaried for 20 hours a week but they work me 28 hours, they don't have to pay me for the 8 hours extra if they don't want to.
          No wonder this is what the business has chosen for it's policy. It works for them!

          Again, thank you. This is a great website and much appreciated.

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          • #6
            I forgot to ask - I've also read that there is a "minimum" salary for salaried employees. Is this true, and if so - what is it? What I read was that it was double the minimum wage.

            Thanks

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            • #7
              That's a California state requirement. Under Federal law and the law of most states, the floor salary for exempt employees is $455 guaranteed weekly.

              Note that exempt, and salaried, are not synonyms.
              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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              • #8
                Originally posted by oconnor143 View Post
                I forgot to ask - I've also read that there is a "minimum" salary for salaried employees. Is this true, and if so - what is it? What I read was that it was double the minimum wage.

                Thanks
                Salaried exempt employees in California, true. I have no idea about other states, but Maine follows the federal law which is $455 a week (well less than double the minimum wage for the state, which is now $7.00 per hour).

                This would apply to those working 168 hours a week or those working one hour a week.

                Non-exempt employees may be salaried. Say you expect to work 20 hours a week and earn $200 salary. You work 28 hours. You still (in my state) need only be paid $200 since 28 x $7 (minimum wage) = $196. Now if you work 29 hours, the equation changes since the $200 would put you below minimum wage. You would, in that case, have to make $203 for the week.
                Last edited by ScottB; 01-24-2008, 11:07 AM.
                Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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                • #9
                  I would also note that the $455/week minimum salary requirement for exempt status cannot be prorated for less than full-time.
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