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Salary, Non-exempt. How does your employer handle this?

Posted on 3/4/23 at 6:30 am
Posted by East Coast Band
Member since Nov 2010
66950 posts
Posted on 3/4/23 at 6:30 am
Just curious how those that are "Salary, non-exempt", as opposed to "Salary, exempt", or "hourly" have their overtime pay handled.

Are you paid overtime starting at >40 hours a week?

Is it paid at 1.5x your "hourly equivalent"?

How about company bonus eligibility?

I'm certain States can mandate employers to follow certain laws differently than other states.
Posted by Volvagia
Fort Worth
Member since Mar 2006
53369 posts
Posted on 3/4/23 at 6:32 am to
It can be either 1.5 your pay, or 1.5 times in “comp” time.

So working an hour gives you 1.5 hours PTO
Posted by OldHickory
New Orleans
Member since Apr 2012
10812 posts
Posted on 3/4/23 at 6:34 am to
Federal law is 1.5 rate over 40/weekly. Either cash or comp.
Posted by kywildcatfanone
Wildcat Country!
Member since Oct 2012
139214 posts
Posted on 3/4/23 at 6:34 am to
Our company doesn't pay OT. They give comp time.
Posted by Armymann50
Playing with my
Member since Sep 2011
22363 posts
Posted on 3/4/23 at 6:38 am to
as much comptime as i wanted
Posted by MyRockstarComplex
The airport
Member since Nov 2009
5044 posts
Posted on 3/4/23 at 6:45 am to
I got walked all over when I first changed careers. Went through a 3 month run of approximately 70-80 hours a week and 6 hour turnaround time between shifts at best. Flat salary, and I calculated that I was pulling less than minimum wage after reverse engineering those hours.

I was told there was no overtime pay, but they’d make it right on my Christmas bonus. Then they “forgot” my bonus.

15 years later I’m OT baller and it’s all paid off ten-fold, but I question the legality of that arrangement. I’m also quick to guide any kids trying to follow that path to demand hourly pay at all cost.
Posted by dakarx
Member since Sep 2018
8435 posts
Posted on 3/4/23 at 6:47 am to
Comp time... EXTREMELY flexible.

Time and a half only for certain projects.
This post was edited on 3/4/23 at 6:48 am
Posted by Tshiz
Idaho
Member since Jul 2013
7974 posts
Posted on 3/4/23 at 6:56 am to
quote:

Federal law is 1.5 rate over 40/weekly. Either cash or comp.


No. At an engineering firm for example, it’s ST OT over 40
Posted by Splackavellie
Bayou
Member since Oct 2017
12559 posts
Posted on 3/4/23 at 6:58 am to
quote:

ST OT over 40


Same.
Posted by Deek
Member since Sep 2013
1315 posts
Posted on 3/4/23 at 7:04 am to
For a long time my company required you to work 5 hours of “casual time “ before paying the 6th hour at straight time. So work 46 to be paid 41. Stopped that last year. Now anything over 40 is straight time, but it’s highly recommended to manage time and not work over 40.
Posted by TMou
Member since Mar 2023
2 posts
Posted on 3/4/23 at 7:06 am to
Employees who are not exempt from overtime must be paid time and one-half their regular rate for hours worked over 40 in the established work week. Just because you are paid on salary (instead of hourly) does not automatically mean you are exempt. Comp time is ONLY available to public sector (local, state, federal government) employees, not private sector. Many employees who are exempt receive ST for OT as a perk. You can contact the Dept of Labor with questions about this and other labor questions at 1-866-4US-WAGE.
This post was edited on 3/4/23 at 7:07 am
Posted by OceanMan
Member since Mar 2010
23161 posts
Posted on 3/4/23 at 7:06 am to
From my experience, employers are very aggressive with the use of exempt employees and with “independent contractors”. I work as a consultant and mostly referring to small businesses here.

They typically make everyone they can “exempt” but they don’t understand the downside of putting someone on salary: by law you don’t have to work 40 hours every week, the assumption is you are working a job, filling a specific role which hours don’t correlate to performance. They see it as a minimum threshold. While the employer can make this their rule internally, they don’t seem to understand that their recourse for not making the hours is to fire or otherwise discipline the employee. Disputes arise and employees can show that they average over 40 hours, or even have 80+ hours in a pay period

I’ve seen many employers have “independent contractors” work for them completely under their direction. Use company equipment, wear company uniforms, work 40+ hour weeks straight time.

Result is perpetual butthurt when they don’t get away with getting free OT. And it’s such a bad, short-sighted practice. If employees aren’t incentivized to work extra time, even if they are physically present for 45+ a week, those extra hours have diminishing marginal returns and ultimately kills morale.

I worked for a firm a few years ago that expected >40 hours each week, precessional services, but everyone got paid OT, their choice of 1.5x pay or 1.5x comp time that rolled into its own PTO bank. Not a huge firm, but the pay policy was fair and worked
Posted by TomJoadGhost
Alabama
Member since Nov 2022
1003 posts
Posted on 3/4/23 at 7:11 am to
quote:

I'm certain States can mandate employers to follow certain laws differently than other states.


No, it’s set by the Feds under FLSA.

Exempt don’t get OT. Non-exempt get OT pay for any hours over 40 in a week.

Then there are fire departments that have their own set of rules, which can be very complex. Their OT usually isn’t based on weeks but by cycles of days. Usually around 28 day cycles.
Posted by CptEllerby277
Baton Rouge
Member since Jul 2009
690 posts
Posted on 3/4/23 at 8:06 am to
I am compensated for overtime at my hourly rate.
Posted by CHEDBALLZ
South Central LA
Member since Dec 2009
23240 posts
Posted on 3/4/23 at 8:16 am to
My wife is salary, anything over 40 is comped for equal time off.

My last job I was salary plus 1.5 OT. That was pretty sweet.
Posted by midlothianlsu
Midlothian, Texas
Member since Oct 2009
1834 posts
Posted on 3/4/23 at 8:19 am to
Exempt in Texas was if you worked any part of a pay period you were to be paid the entire wage and could not be docked or charged with vacation. For instance if I came in Monday morning but left at noon to go to the doctor was paid for the full week. We were paid weekly. This may have changed, I have not worked in several years.
For hourly it was time and a half for anything over 40 hours a week. I went thru a workers comp audit where a receptionist at a competitor was at her desk eating lunch when the auditors arrived. They asked her about that and she casually told them she always ate at her desk so she could answer the phones. Big penalty and they hit a ton of other subcontractors assuming we were all the same. Our penalty was 6 figures in back wages.
Posted by Dav
Dhan
Member since Feb 2010
8152 posts
Posted on 3/4/23 at 8:20 am to
I'm salary but only "work" 38.75 hrs a week. Anything over that up until 40 hrs is regular pay. I do get 1.5 OT for anything over 40 though.
This post was edited on 3/4/23 at 8:21 am
Posted by jclem11
Chief Nihilist
Member since Nov 2011
9756 posts
Posted on 3/4/23 at 8:24 am to
Salary plus OT is the only way to work, kings.

Option to convert OT hours to pay or extra comp.
Posted by WestCoastAg
Member since Oct 2012
150087 posts
Posted on 3/4/23 at 8:26 am to
quote:

Are you paid overtime starting at >40 hours a week?

Is it paid at 1.5x your "hourly equivalent"?

yes
Posted by doublecutter
Member since Oct 2003
7141 posts
Posted on 3/4/23 at 8:35 am to
Back in the early 90s I worked for a company that classified me as exempt. I worked every week 45-50 hours a week. The company had IIRC about 40 other people in the same position at all their locations. Someone got pissed off and reported the company that they weren't getting paid overtime. The state of Florida did an investigation and said that we were all misclassified and were owed back overtime pay. Since we didn't punch a time clock, they estimated the hours we were owed and I got a check for $7000+ even though I had stopped working there shortly after the investigation began. If IRC they declared that I worked 45 hours a week, even though I know that there were many weeks I worked more than that. But when I received that check I felt like I had found money.

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