Wage & Hour
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Good afternoon:
Regarding the payment of overtime wages. If a student working on a temporary basis for an hourly rate was to change to a salary wage during their co:op assignment, would they then be exempt from overtime according to the FSLA?
These students are working in the R & D Department studying to be engineers in the biosciences field.
Regarding the payment of overtime wages. If a student working on a temporary basis for an hourly rate was to change to a salary wage during their co:op assignment, would they then be exempt from overtime according to the FSLA?
These students are working in the R & D Department studying to be engineers in the biosciences field.
Comments
There are many here wiser than I who can answer this better and hopefully they will jump in. Being on salary does not automatically mean someone is exempt. Also, one can not arbitrarily change someone from non exempt to exempt. They must meet the tests. It always helped me to remember to be exempt is the exception not the rule, you must be able to defend the change and without more information I would be surprised, in this case, if your students would be exempt, but hopefully others will confirm or correct. PS You may want to go back to the lobby and go to the Wage and Hour section and click on exempt. There is discussion going on there regarding this topic. Good luck