Exempt but for overtime

njjel

I know there is exempt and hourly. How is the above situation classified/handled?

sonny

I am not sure I am understanding. . are you saying they are classified as exempt but get overtime? If so, that just doesn't work. If they are getting overtime, they would be non-exempt.

njjel

I've been told there is such a classification as "salaried" but eligible for o/t?????

stilldazed

Sounds like you're describing salaried nonexempt, which is an option for some nonexempt positions. Pay on a salaried basis, but the position is still subject to OT. More details about the position would be helpful. There are multiple exceptions, exemptions, and partial exceptions/exemptions to FLSA.

njjel

We have two administrative assistance classified as exempt that in my opinion don't meet the exempt qualifications as they do not supervise anyone and do not make major decisions. I wanted to suggest re-classifying them to salaried, eligible for o/t. Also we have paid interns who are listed as exempt and should not be and I wanted to suggest we change them too.

ray a

Sounds like those positions should be classified as non-exempt. Our AA's are non-exempt, but our Exec AA is exempt based on the decision making part of the rule. Whenever we have interns, they are always paid as non-exempt since they would not meet the rules for exemption.

njjel

Additionally we also have paid interns who have graduated from college and are now in law school. Can they be classified as exempt due to their professional status even tho they haven't completed law school and do not supervise anyone and work under the guidance of one of our barred attorneys?

stilldazed

You can if their job duties warrant a professional exempt status. If their don't warrant exempt status, you have the option to pay them in a similar manner as your admin assistants--salaried nonexempt.

best wishes

TheCol

The manner of pay (hourly, weekly, monthly, salary, piece work, by the mile, ) does not dictate whether or not a worker gets overtime. His job description is determining. The pizza cutter with a $600 per week salary is entitled to overtime if s/he works more than 40 hours in a work week. One and on-half times the "normal hourly pay rate" for those hours over 40, added to salary. --more later if you need it!!
The Colonel