The question of "salaried, non-exempt" jobs came up again in my inbox (I have changed a few details to make the email not personally identifiable):
My classification was Salary Non-Exempt, and I am being told that I will not receive time and one half pay for these hours, such as a Non-Exempt employee would have, but only "Half Time" due to the Salary Non-Exempt classification.
Half Time is calculated by taking the weekly salary amount ($800.00) and dividing it by 40 hours in the work week; which equals $20.00 per hour. For any time worked over the 40 (example: 10 hours worked over 40 in a week for a total of 50 hours) and dividing it into the normal salary amount of $800.00, giving $16.00 per hour, then dividing the $16.00 by half resulting in $8.00 per hour for any hour worked over 40, or "Half Time" versus the traditional time and one half, in this example $30.00/hour for time and one half.
Is this accurate? Legal? Do I have any recourse? I answered the phone and supervised no one, swept the floors and cleaned the toilets. Is Salary Non-Exempt even accurate and should I consider a separate complaint to correct it to Non-Exempt?
When I first read this, I thought paying only $8/hour for overtime had to be illegal under federal Fair Labor Standards Act (FLSA) regulations.
However, I was wrong: the above pay is legal under federal law. In this post, as previously promised, I will address how salary, non-exempt, pay works.
Wondering if you should be earning $20/hour for answering phones and cleaning toilets? Use the PayScale Salary Calculator to find out.