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?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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 5 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."


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption