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Non-exempt salary Federal

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  • Non-exempt salary Federal

    I been fighting to get paid for my unemployed overtime pay and been in constant contact with a case worker/investigator of the Department of Labor. However I am very concerned how she is handling my case and believe she is making errors.

    Aside from the errors and lack of proper investigation from my case worker, I am now claimed as a salary based employee instead of hourly.

    Now from reading the department of labor site, I am to believe that I am what’s considered a “non-exempt salary” employee. I made less then the $455 requirement.
    I was required to work 42.5 hours a week. I am supposedly getting the overtime on this, however I am still in dispute over the total amount due.

    Now my understanding is that I am to be paid for them 42.5 hours each week regardless if I worked the full 42.5 hours. However my case worker is claiming that because they are personal days, they do not have to pay me. But from my understanding they do not have to pay me for “personal days” only if im an exempt salary employee.

    Everything that I been reading seems to point towards the fact that I should be getting paid the 42.5 hours. Can anyone help?

  • #2
    Non-Exempt employees can be paid on a Salaried basis. There are several methods for doing this but the most common method is covered by FLSA regulation 29 CFR 778.113

    Looking at federal rules only, minimum wage is $5.15/hour. I do not know everything about your circumstances, so let's look at Bob instead. Bob is a Non-Exempt employee whom I wish to pay a fixed salary for working 42.5 hours per week. My company does not have any non-legally required benefits, including no vacation/sick, and as per the 778.113 rules I intend to dock Bob every time he fails to work his 42.5/hours week. I may even fire Bob for missing any time.

    Under FLSA rules I have to pay Bob a salary which meets the OT and MW requirements. Since I am going to require Bob to work 42.5 hours a week, I need to pay him a salary of at least 40x$5.15 ($206) plus 2.5x$5.15x150% ($19.31) = $225.31. Please note that the minimum salary I am required to pay Bob (a Non-Exempt) employee is much less then the $455/week number required for certain Exempt classifications under FLSA. I am also required to pay overtime worked past the 42.5 hours not already covered by the salary calculation.


    Now this is Bob's example. Some state and local juristictions have higher MW then the federal number. There could be other differences with your real life example, but that should give the basic rules for Non-Exempt employees being paid on a Salaried basis.
    Last edited by DAW; 09-08-2006, 02:02 PM.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      Forgive me if I missed something here. But lets say Bob only worked 35 of the 42.5 hours. Is he entitled to 42.5 hours or only 35?


      • #4
        I'm by no means an expert in this subject, but I've read a lot of posts about similar subjects on this forum.

        If Bob is a salaried exempt employee, he would make the same amount per week no matter how many hours were worked (if I'm wrong, someone please correct me). The employer can require the employee to use vacation time or paid sick days to make up for the missed hours in any given week.

        Since you don't have any paid time off... the employer is under no obligation to pay you for hours that you didn't work. If your salary is based on 42.5 hours per week and you only worked 40 hours - your employer only owes you 40 hours worth of pay.


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