Regarding salaried employees

UPDATED: Oct 1, 2022

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Regarding salaried employees

My company has a 4 person Maintenance department. The company is a warehousing and manufacturing company. 2 of the maintenance team members are responsible for all facets keeping the facility in order and all machines maintained, the other 2 members are 100% dedicated to janitorial type duties. Previously, 1 member was the maintenance manager with the other 3 reporting and all were hourly. There was a restructuring, the manager was changed to salary/exempt, the other member was deemed supervisor with the 2 janitorial people reporting and also converted to salary.The janitorial positioned remained hourly. I am not sure that with this type of job duties that this is appropriate application of exempt/non-exempt rules. Many maintenance duties such as machine upgrades, preventive maintenance tasks, office relocations and painting need to occur outside of business hours. The 2 non-salaried team members are expected to be present during operational hours 40 hr/wk and also perform duties outside of operational hours. Annually each employee works approximately 300hours above that of a 40 hour week, without compensation in pay or time off. Are these employees properly paid?

Asked on January 8, 2019 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

To be exempt, you must: 
1) Be paid on a salary, not hourly, basis; 
2) The salary must be at least $455 per week; AND
3) The employee's job duties and authority must meet at least one of the "exemptions" found on the U.S. Dept. of Labor website under "overtime," such as the "executive" exemption, which really applies to any manager; the administrative employee exemption; or the professional exemption. Look up the exemptions and compare them to the two salaried employees' jobs, to see if either or both are exempt.
Then in terms of hours and pay:
A) If you are salaried and exempt, you can work any number of hours without any pay besides your base salary.
B) If you are hourly, you must be paid for all hours worked, and overtime whenever you work more than 40 hours in a week.
C) If you are salaried but do not qualify to be exempt, you get extra pay when working more than 40 hours in a week. To oversimplify, divide the weekly salary by 40--that is the equivalent hourly rate. For each hour past 40 worked by a salaried nonexempt employee in a week, he or she gets an amount equal to 50% of the equivalent base hourly rate.

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 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.

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