HELP
njjel
1,235 Posts
We have a law intern working with us. He is being paid $200 per week. Our work week is 35 hours. Last week he worked 41 hours. My position is that he is not qualified to be considered a salaried person and therefore we must pay him for all time he worked including 1 hour over time. (His position is partially funded by a grant of $1,000 which we match with $1,000. His employment is for 10 weeks, thus the $200 per week figure.) My managers are arguing that because he is a funded intern he can be considered salaried. What do you all think?
Comments
>your question is really whether this person is exempt or non-exempt,
>not whether salaried or hourly. Non-exempts on a guaranteed salary
>also must be paid overtime as appropriate, at their computed hourly
>rate. Paying an exempt a salary by no means allows the employer to
>avoid the payment of overtime. I feel that this employee is salaried,
>non-exempt. The salaried guarantee agreement with the intern will
>allow you to pay the same weekly pay for weeks of 35 hours or weeks of
>40 hours, however, that additional hour you mention should be
>compensated at 1.5 times the computed hourly rate.
Don,
Would this apply even though it is an intern situation? I don't know, but am asking the question for my future reference. I know many internships while a person is still officially a student are even unpaid as they are a requirement to graduate, etc.