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It states that if an employee is salary and makes less than $455 she can earn overtime, is this true for both exempt and nonexempt salary employees??
No. Under the federal FLSA or Fair Labor Standards Act, a salaried employee who earns less than $455 per week before taxes, is never an exempt employee. Any employee who is paid less than $455 per week is a non-exempt salaried employee and is always entitled to overtime.
Tags: exempt, FLSA, non-exempt employee, salaried
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March 22nd, 2010 at 8:56 am
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April 2nd, 2010 at 11:09 am
If an employee is paid a salary of under $455.00 per week but has a lodging deduction, how much of a deduction can be counted toward the minimum wage requirement? I have read “2/3 of fair market value, or in no event more than 451.89″!(In California) My check shows $622.04 per month for lodging and no, I have never signed any type of agreement. Would only $451.89 be counted toward min. wage requirement or the $622.04? My check also shows electricity under the lodging usually around $300.00 monthly however the electricity to my apartment would include the community pool and the rental office as they are all on the same meter. These two items are listed as “taxable company items” I am trying to figure my total wage and compensation. Please help, I would greatly appreciate any assistance and thank you in advance.
April 2nd, 2010 at 11:42 am
Hi Donna! We just cannot make a determination on your individual case. California regulations are different from any other state. Contact the DLSE, Department of Labor Standards Enforcement for a determination.HTH, and thanks for reading the blogs!~ Caitlin