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To pay a non-exempt employee a salary, the employer pays the employee the fixed amount per week and pays overtime at a rate of 1. The regular rate in this method is determined by dividing the salary by the number of hours the salary is intended to compensate. Under this method, the employee and employer have an understanding that the employee is paid a fixed amount per week i.
Even though the fixed salary is not based on the number of hours worked, you still use the number of hours worked each week to determine the overtime rate. Using this method, the more hours an employee works beyond 40 in a workweek, the less overtime compensation he or she receives. This may be a useful option if your employees work different jobs each week, resulting in inconsistent hours. However, the calculations can be complicated. If during the course of 4 weeks this employee works 40, This blog does not provide legal, financial, accounting, or tax advice.
This blog provides practical information on the subject matter. The content on this blog is "as is" and carries no warranties. ADP does not warrant or guarantee the accuracy, reliability, and completeness of the content on this blog. All Rights Reserved. All other marks are the property of their respective owners. Below are the key differences between these classifications: Non-Exempt Employees: Under the FLSA, non-exempt employees must be paid at least the minimum wage for each hour worked and overtime 1.
Each type of exemption has its own set of primary duties that must be performed in order for the employee to qualify for the exemption.
Salaried Non-Exempt Employees: While employers sometimes use the terms "salaried" and "exempt" interchangeably, not all employees who are paid a salary are exempt. Employers with just one employee must comply. And, the exempt and non-exempt status not only has to do with whether or not someone is eligible for overtime pay, but it also includes exemptions from minimum wages. In the United States, a non-exempt employee is an employee that 1 must be paid at least the federal minimum wage for all hours worked during a workweek up to 40 hours, and 2 must be paid at a rate of pay that is equal to one-half times the regular rate of pay for all hours worked over 40 during a workweek.
While this includes hourly paid employees, it can also include salaried employees too. Although you must be careful, as exemption status is based on the duties of the position and not these specific job titles.
The DOL offers detailed explanations of the exemption information for each of these positions which can be found here:. An hourly employee is an employee that is paid an hourly wage for their services based on the hours they worked during a pay period. While most hourly employees do receive overtime pay, if the employee is exempt under FLSA guidelines, then overtime would not be required regardless of the fact that the employee is being paid hourly.
A salaried employee is an employee that is paid a predetermined amount of compensation each pay period, regardless of the number of hours or days the employee worked although there are a few allowed exceptions in which the employer can make deductions that can be found here.
To properly determine the exemption status of a position an employer should conduct an analysis of each position to determine:. Additionally, the DOL has designed specific assistance for new and small businesses to help ensure with employee wages, record retention, employment of minors, providing family or medical leave to eligible workers and notifying employees of their rights in the workplace. Please review the Solutions and Service page or find my contact information in the menu to the left of this article.
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