Non-exempt Salaried Employees

BelleF

I have been researching what qualifications make an employee "salaried, non-exempt".  What I have found is that "An employee who does not meet the duties test can be paid on a salary basis but still remains subject to FLSA requirements."  I found this on the SHRM website.  My question is this, does a salaried, non-exempt employee have to meet the test for the minimum weekly salary?  FLSA states this to be $455 weekly. 

HRforME

No, they do not have to meet the minimum weekly salary of $455, but they DO have to meet minimum wage for all hours worked AND they do have to be paid overtime for anything over 40 hours per week. 

Here is a good article explaining the different ways to pay non-exempt employees on a salaried basis: http://www.payroll-taxes.com/articles/salaryAlternatives.html

One method of paying salary is called the Fluctuating Work Week Method: http://www.payroll-taxes.com/articles/fluctuatingWorkweeks.html  There are certain qualifications to use this method. But under that method, the employer's ability to deduct is more limited than even for exempt employees.

 

LadyAnn

A salaried non-exempt employee would not have to meet the test for the minimum weekly salary.  The minimum weekly salary test is part of what determines that the employee is exempt from OT.  Since you have already determined that the salaried employee is not-exempt from OT, then the minimum weekly salary test is a mute pont.