Regarding salaried employees

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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