Another Question on Salaried Non Exempt

DebbieW

We have a lot of office positions which classify as non-exempt. Can we classify these positions as salaried non-exempt (they typically work 40 hours per week 8:00 - 5:00) even though we deduct time away from the office for doctors appointments. We do allow these individuals to make up their time if they desire and we do pay overtime for any hours over 40. We need to differentiate these positions from our hourly production positions as they have a different benefit structure. Can they be classified as salaried non-exempt or would I just need to classify them as non-exempt positions. I cannot find clarification on this on the DOL website.

Thanks for your advice.

Shadowfax

You might want to acheck Randy's post on 'salaried non-exempt' of a few days ago. Pretty good discussion. Yes, you can go to salried non exmpt, but I would be careful of using the 1/2 pay o/t provisions. I worry that that method is only for 'variable' work weeks, and should not be used steady 40 w/ occasional o/t. Maybe someone with some experience could address that directly.

E Wart

You can pay a nonexempt person hoursly. However this is normally done when you have a salaried nonexempt person, you are paying them this way because you pay them the full weekly salary whether or not they work the full 40 hours (or whatever the schedule is). If you are reducing their pay when they are late or leave early or miss time, why not just go ahead an have them complete a time sheet. Doesn't have to "punch in" just record time?
I have "typed up" a "sample time card/work schedule" that we are using for our salaried nonexempt employees. They sign off on this each week so that we have their projected hours. Then it says if they work more than 40 hours they have to complete an "over-ride time card which gives thei exact time they worked and we will pay them OT for this time over 40, based on the total no. of hours they worked that week."
If you want a copy, send me your email or fax number.
E Wart
[email]ewarthen@newcombspring.com[/email]

DebbieW

We do have these employees fill out a time sheet for all hours worked each day and we do pay overtime at time and a half for all hours worked over 40. However, we do deduct any time that they miss for appointments if this time is not made up. The reason we have classified them as "Salaried" Non Exempt versus Hourly employees is to differentiate between our Hourly production employees and our office staff as they have a different benefit structure. Are we okay doing this.

pork1

DEBBIEW: Welcome to the forum! Your post caused me to go back into my FLSA bulletins to try and find a Classification of "salaried non-exempt". I found onlt two: 1) EXEMPT OR 2)NOT EXEMPT from the FLSA. Which means one is exempt from the provisions of the FLSA and with a minimum salary at the level of $455.00 gross per week or one is paid at a rate of pay greater than minimum wage plus overtime when caused to work longer than 40 hours within a designated workweek. EXEMPT classification is hinged to the minimum base gross of $455.00 and categories of words describing what an individual is charged to be doing on behalf of the company.

My advice is to stay with the position classification of EXEMPT. All other positions are not exempt and the company pays these personnel based purely on the number of hours worked in any designated workweek.

Hope this helps to resolve your concerns!

PORK