Non-Exempt Salaried Staff

Titilayo Akodu

What is non-exempt salaried staff. What are the criteria for classifying non-exempt salared positions. Are they eligible for overtime and can they be ducked for any partial day absences?. Is this only applied to 12-months full-time positions? Can employer use its discretion in classifying the non-exempt salaried positions?

bsa

[font size="1" color="#FF0000"]LAST EDITED ON 09-25-01 AT 03:18PM (CST)[/font][p]I once worked for a company that had exempt, non-exempt salaried, and non-exempt hourly employees. Exempt employees did [u]not[/u] get paid overtime and had significant benefits; most of the positions were executives of the company. Non-exempt salaried were paid for overtime and had some of the same benefits as exempt; this group included line supervisors and office personnel. Non-exempt hourly employees were paid for overtime and had only basic benefits; this group was mostly production line workers.

FLSA says an employee is either exempt from overtime or non-exempt from overtime based on the job's responsibilities, duties, and pay. Accordingly, the majority of employees are non-exempt and must be paid overtime.

This is an over-simplified explanation. I know that this site has some excellent information regarding FLSA.

System

You must pay overtime to nonexempt employees regardless of whether they're salaried or hourly. As bsa said, classifying employees as exempt and nonexempt is very complicated.

Here's a free article that explains the basics:
[url]http://www.hrhero.com/headlines/072001/flsa.shtml[/url]

For in-depth info on the FLSA, I recommend buying our 66-page HR Executive Special Report called "Defusing the Overtime Bomb: How to Comply with the FLSA" at [url]http://www.hrhero.com/membertour/spreports-sample.shtml[/url]. It's one of my favorites.

For really, really in-depth info, I recommend joining our Law Center in your state. Then you can get this Special Report and a mountain of other research tools in the members area of HRhero.com at no additional charge. For example, Law Center members have access to more than 1,500 newsletter articles that mention the FLSA, including 22 from [link:www.hrhero.com/vaemp.shtml|Virginia Employment Law Letter.]

To find out more about the Law Center, go to our main page at [url]http://www.hrhero.com[/url] and click on "Take the Law Center Tour!" in the "Members Login" box.

If you have specific questions about classifying your employees, you'll need to consult a lawyer. If you don't have one, you can click here to find the lawyers who write Virginia Employment Law Letter: [url]http://www.hrhero.com/findanattorney.shtml[/url]

Good luck.

James Sokolowski
Senior Editor
M. Lee Smith Publishers