Exempt vs non-exempt

GLC

I work for a counseling center. We are wanting to go more toward a pay for performance system. Right now all of our therapist are classified as Exempt. We are wanting to pay any therapist who does not meet productivity expectations to hourly instead of salaried. Would that pose any problems with Wage and Hour laws if we have some salaried and some hourly therapist. They would be doing the same job. If we paid some of these therapist on an hourly basis, would they now be considered non-exempt or could they stay Exempt but just paid on an houly basis?

wiremanufacturer

I'm not an expert here but I believe that you are opening yourself up for some trouble if two people have the same responsibilities and one is hourly and one is salary. If your salary therapist supervised the hourly that would be better.
Hope this helps

sonny

I agree. If their duties are the same, how would you justify the difference? Exempt-non exempt classifications are not made based on productivity. FYI, I am aware of therapists being classified both ways.