soligen
Member
Post deleted. Sorry, I should not have posed this
Last edited:
Salaried Employees are often "exempt" for the uninitiated exempt means "exempt from federal and state overtime laws". Management is always exempt - engineers and other highly professional positions are usually exempt.We have an attorney down here that advertises regularly (daily) on the radio for people with just that kind of situation. You may wish to speak to an attourney it may violate the law.
Exempt employees were expected to average 7% overtime where I worked. Rarely their manager could give them a "comp" day. I worked an average of 12 - 13 hours per week (about 500 - 600 hours per year) most of my career. Less the last 4 years.Salaried pay doesnt exist as a way to screw people. It exists to give the company and the employee an even payroll over the course of a year for planning purposes. The idea is that you will work a lot of hours at certain times, and fewer hours at other times (or be compensated for the extra hours you work). I have been salaried most of my life and understand that I will put in an ungodly amount of hours at times, but I also expect to be compensated for it in some way. I would never think of shorting the company on hours, so why should it be ok for them to short me?
If you take a guy making $20 an hour, and working 10 hour days, he is giving the company 10 hours o.t. a week at $30 an hour, which is $300. Do that 50 weeks a year and you just ****ed away $15,000. Amazing how fast that adds up. I know my situation may be different than some, but where I work, they would not be impressed with someone who is financially irresponsible enough to get hosed out of their wage. And likewise, I wouldnt work for a company that would screw thier employees out of the money they earn. It should work both ways. Just a thought.
Worked for 25 years well over 100 hours a week with zero overtime. The best perk was free ammo for target practice.
As the CFO/HR director I went through this recently. The laws on this are very draconian. If the DOL gets involved, the penalty is twice what's actually owed (all going to the employee) and possibly triple is they determine that you knowingly misclassified the employee. In term of tracking, they will use whatever the best information is to determine the OT owed. So if the employer doesn't have a computer log, time punch or something along those lines, the employees claims are generally upheld.
As far as who is exempt and who isn't. Here's the convoluted stuff. It's pretty much Executives, Upper Management, and Specialized professionals (lawyers, accountants, engineers, programmers,etc.), or you make over $100k.
They might shoot back too.Worked for 25 years well over 100 hours a week with zero overtime. The best perk was free ammo for target practice.
And you got free targets too if they didn't run too fast or fall too quick,!!!
As the CFO/HR director I went through this recently. The laws on this are very draconian. If the DOL gets involved, the penalty is twice what's actually owed (all going to the employee) and possibly triple is they determine that you knowingly misclassified the employee. In term of tracking, they will use whatever the best information is to determine the OT owed. So if the employer doesn't have a computer log, time punch or something along those lines, the employees claims are generally upheld.
As far as who is exempt and who isn't. Here's the convoluted stuff. It's pretty much Executives, Upper Management, and Specialized professionals (lawyers, accountants, engineers, programmers,etc.), or you make over $100k.
Pretty much the same as it was 20 years ago. You omitted "administrative".... All IBM employees were salaried in that their pay was calulated on a weekly basis (monthly for exempt) --- except overtime for non-exempts which was calculated on an hourly basis. Exempt overtime (rarely paid) was a specific amount paid by the month and was paid whether or not you worked it. It is interesting that in the many years I was exempt there was only 1 month that I got scheduled overtime and due to a problem in getting parts from a vendor we didn't work an hour that month. We made up for it in spades when the parts finally arrived.
As the CFO/HR director I went through this recently. The laws on this are very draconian. If the DOL gets involved, the penalty is twice what's actually owed (all going to the employee) and possibly triple is they determine that you knowingly misclassified the employee. In term of tracking, they will use whatever the best information is to determine the OT owed. So if the employer doesn't have a computer log, time punch or something along those lines, the employees claims are generally upheld.
As far as who is exempt and who isn't. Here's the convoluted stuff. It's pretty much Executives, Upper Management, and Specialized professionals (lawyers, accountants, engineers, programmers,etc.), or you make over $100k.
Pretty much the same as it was 20 years ago. You omitted "administrative".... All IBM employees were salaried in that their pay was calulated on a weekly basis (monthly for exempt) --- except overtime for non-exempts which was calculated on an hourly basis. Exempt overtime (rarely paid) was a specific amount paid by the month and was paid whether or not you worked it. It is interesting that in the many years I was exempt there was only 1 month that I got scheduled overtime and due to a problem in getting parts from a vendor we didn't work an hour that month. We made up for it in spades when the parts finally arrived.
The administrative exemption is the "upper management" that I mentioned. I didn't want it to be confused with some of the admin positions that are non-exempt (executive assistants for example). For example, as the CFO I'm administrative management and exempt, I don't fit into the executive exemption. Many managers, if not specifically admin (meaning that they are revenue makers, which admin isn't), are non-exempt according to the legal opinion I got a while back.