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Difference between exempt and non exempt Massachusetts Michigan Minnesota

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  • Difference between exempt and non exempt Massachusetts Michigan Minnesota

    I was reading some other postings stating that non-exempt emplyees can get paid for overtime even though they are salary.
    What is the difference.
    I work in Boston on a project that is working 6 days a week 24 hours a day to get a roadway open. I am a construction superintendent. I am responsible for coordinaitng and overseeing the work for my company in the field. Currently ther is over 60 tradesmen working on each shift.
    I need to know if my job description qualifies as a non exempt so I may collect pay for all the overtime I am working.

    Thank You
    Last edited by kc1367; 09-27-2006, 02:28 PM. Reason: oops to many states

  • #2
    Is this a prevailing wage job?

    http://www.mass.gov/dos/pw/index.htm

    Comment


    • #3
      As robb indicates, you may be a non-exempt employee AND have your wage established by some wage determination (which could include fringe benefits, vacation and holiday pay). I suspect this is the case.

      If it is not, you may be able to be classified as an exempt employee under the "executive" exemption (don't be misled by the name -- it could apply to a shift leader in a manufacturing plant, if the pay and duties match). You would need to make at least $455 a week (I would be very surprised if you don't make at least that much), supervise two or more employees (sounds like you do) and have the ability to hire and fire (or have a big input into who gets hired or fired).

      If you are exempt, you get paid a flat rate per pay period, no matter how many hours are worked (some exceptions, but those are not important right how).

      You could be salaried, but non-exempt, but you must be paid overtime for hours worked over 40 in a work week. Just how much that could be depends upon the method of payment elected by the company (there are weird ways of paying overtime that are NOT in the best interests of the employee who works a LOT of OT).
      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.

      Comment


      • #4
        The job is prevailing wage for all trades people. That is why it is so hard to take that everyone is getting OT pay and the salaried people are not.
        KC1367

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        • #5
          I don't have much experience with prevailing rate jobs.

          pattymd can you shed some insight on this?

          Comment


          • #6
            robb, federal or state government comes up with "wage determinations" for certain jobs. For example, Davis-Bacon (a federal law) has specific wage determinations for different types of jobs in different counties.

            These are typically union wages. In the OP's area (Boston), the Davis-Bacon wage determination for construction requires an electrician to be paid $35.40 per hour (median pay for all electricians in the area is $28.45). In addition to that, the wage determination requires that electricians receive $16.20 per hour in fringe benefits or cash equivalent, ten paid holidays and vacation time (depends on length of service for the employer).
            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.

            Comment


            • #7
              Glad ScottB was here on this one. I have zero experience with prevailing wage.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment

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