What does it mean to be a ‘salary non-exempt’ employee in the state of Michigan? What are the benefits to the employee other than overtime pay? What happens if the employee works under 40 hours?

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What does it mean to be a ‘salary non-exempt’ employee in the state of Michigan? What are the benefits to the employee other than overtime pay? What happens if the employee works under 40 hours?

What does it mean to be a ‘salary non-exempt’ employee in the state of Michigan?
What are the benefits to the employee other than overtime pay? What happens if
the employee works under 40 hours? What is the benefit to the employer? Can your
pay be deducted for working less than a full day as a salary non-exempt? what are
the requirements of exempt vs. non-exempt?

Asked on January 14, 2019 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

1) A salaried non-exempt employee is eligible for and will receive an overtime premium (extra pay) when working more than 40 hours in a week. This extra pay is equal to 50% of the persons' equivalent hourly rate. You can find that rate by dividing the weekly salary by 40.
2) If the employee works less than a full day, he or she is still paid his or her full daily (1/5th weekly) salary. He or she only loses pay if he or she misses an entire workday at a time (without using paid time off, like vacation days, for the absence).
3) To be exempt, you must be paid a salary of at least $455 per week AND meet the criteria for one or more of the exemptions from overtime (like the administrative, professional, or executive (managerial) exemptions) which you can find on the U.S. Dept. of Labor website under "overtime."


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