What determines the difference between a salaried exempt from hourly employee?

UPDATED: Sep 30, 2022

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What determines the difference between a salaried exempt from hourly employee?

I work in a restaurant kitchen and was promoted to manager so they could pay me salary wages. I still do about 90 physical labor and only about 10 management work. However, my hours are about 65-70 hours a week and require me to clock in and out. Am I still exempt from overtime? My salary is $35,000.

Asked on July 18, 2017 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

To be exempt, you must 1) be paid on a salary basis; 2) must earn at least approximately $23,600 per year; and 3) your job duties or responsibilties must meet at least one of the tests or criteria for exemption, such as the executive (should be called "managerial," since it applies to non-executive managers), professional, or administrative exemptions. You can find those exemptions on the U.S. Department of Labor website under "overtime." Look them up and compare them to your job; if you job does not meet at least one of them, you are not exempt, and even if you are paid on a salaried basis, you would be owed an overtime premium (extra pay) when working more than 40 hours per week. If you feel this is the case, contact your state or the federal Dept. of Labor to file a complaint.
Note that all hourly employees are non-exempt (get overtime) and must, of course, be paid for all hours worked. Note further that if they dock your pay if you work fewer than expected hours, that can cost you your salaried status and cause you to revert to being hourly: the time of salaried employees may be tracked for informational purposes but NOT for payroll, and if you lose pay if your hours are short, you are actually hourly, not salaried.

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