Can we pay a blue collar worker in excess of 913 /week and be exempt from paying him overtime?

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Can we pay a blue collar worker in excess of 913 /week and be exempt from paying him overtime?

We have an employee who is an HVAC technician who is currently an hourly employee. We would like to give him a raise and put him on salary paying approximately 60,000. If we pay him this amount and make him salary are we exempt from paying him overtime?

Asked on July 14, 2016 under Employment Labor Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

He are only exempt if, in addition to being salaried, he also meets one or more of the "tests" or criteria for being exempt from overtime. (That is: being paid on a salaried basis is part of being exempt,  but the job *also* has to meet certain criteria). You can find the several tests on the U.S. Dept. of Labor website under "overtime": review those tests, and compare them to his job. If his job authority, responsibilities, etc. match at least one of the tests and you are paying him a $60k/year salary, you will not owe him overtime.


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