Nonexempt Salaried Employees

What is the name of your state? Missouri

I am the chief of a small fire district. We have 35 volunteers and 7 full-time emoloyees including myself. If we claim the 7(k) exemption can we treat our non-exempt employees as salaried and only pay them overtime after 53 hours in a 7 day work period if their normal schedule is 45 hours Monday - Friday? If so do all the same rules apply as they do to other salaried employees?

There aren't any circumstances under which an exempt employee has to be paid overtime unless the employer voluntarily agrees to do so. Non-exempt employees may be paid on a salaried basis as long as they receive OT for all hours worked over 40 in each fixed 7-day pay period. There are some exceptions in the FLSA for certain occupations but working for a fire department isn't one of them.

I've done a lot of work in compensation over the years (albeit in the private sector) but I don't know what you're referring to when you say "if we claim the 7(k) exemption..." Please explain - maybe I missed something along the way but I have no idea what a 7(k) exemption is.

FLSA 7(k) exemption

The FLSA includes an overtime exemption for certain public employees including firefighters. It is refered to as the 7(k) exemption in section 207 I believe. It say that employees of Public Fire Deptments (ie Firefigters) do not have to be paid overtime until after 53 hours a week in a minimum 7 day cycle, not to exceed 212 hours in a 28 day cycle.

I just got off the phone with an investigator from the DOL Wage and Hour Division who clarified for me that we can contratual agree to pay of people for 53 hours a week and only schedule them for 45. If they work more than 45 but less than 53 we owe them no additional compensation. However, if the exceed the 53 to 7 ration or 212 to 28 ratio then yes we owe them overtime compensation of one and one-half pay or actual hours worked.

Thanks for the reply.