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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.