what is the law for overtime for a exempt employee....? Help!

[oksmileu]

I live in Michigan and have been searching for awhile on this. I need information to see if I really am exempt...they are pushing overtime with out pay. So could someone please help me find out what the law is in Michigan for overtime for a exempt employee. I am far from a manager. I do inventory control.

 

[loku]

Under the federal Fair Labor Standards Act, an employee is exempt from the overtime provisions if s/he is “employed in a bona fide executive, administrative, or professional capacity.” (U.S. Code, Title 29, Sec. 213). It seems to me from what you say that you are clearly not an executive or professional, so the issue is whether you qualify as exempt under the “administrative” classification. Here is a link to the Code of Federal Regulations, where “administrative” is defined for this purpose: http://frwebgate.access.gpo.gov/cgi-bin/get-cfr.cgi?TITLE=29&PART=541&SECTION=2&YEAR=1998&TYPE=TEXT

 

[oksmileu]

Thanks for your help.
I think I could fit under the administrative.
Is that the Michigan Law also? Or does the federal take over the state law in this case.

 

[loku]

This is federal law, which applies in every state.

I think you may have a misunderstanding. If you are exempt, then you do not qualify for overtime. Therefore, if you qualify as administrative, you are exempt and you do not get overtime. Thus, it is better for you if you do not qualify as administrative.

 

[oksmileu]

Ok my job is to go to the Plants and count tooling and correct on our system. I also fix any problems the Plants have our system. Like returns,receiving problems and so on. so what you think? is that administative?

Now I have another question...the technical team which is also exempt is required to work one saturday a month and get paid for it. They fill out a time sheet and send it in. But if I work a Saturday nothing. How can they pay one team and not the other?