What is considered to be an exempt versus non-exempt employee?

My wife just got cut to 20 hours a week and 1/2 salary which is now below the FLSA $455/week “exempt” threshold. Her boss is insisting that she is exempt and must work however many hours it takes to get the job done, including unpaid overtime. Based on my basic understanding of FLSA, this is illegal, as she is truly a non-exempt employee and therefore must be paid overtime. Am I correct in my understanding? And what is considered overtime – anything over 20 hours a week?

Asked on December 12, 2011 under Employment Labor Law, Michigan


Scott Behren / Behren Law Firm

Answered 8 years ago | Contributor

If a non-exempt employee under the Fair labor Standards Act or FLSA she is entitled to be paid time and one half for each hour worked over 40 in a given week.  May times employers try to misclassify employees as exempt when, in fact, they are not.

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