Salaried or not salaried?

[keena81]

What is the name of your state? Virginia

Can an employer just classify somebody as a salaried employee? The employee in question is a fire, water and restoration tech. They are paid $832 every other week salary. However, they work overtime every other week, on-call. On two of the recent paychecks, they were only paid $674 commission, for a two week period, no salary. First off, should this position be a salaried position, and if so isn't salary a minimum of $455 per week? Also, if he is misclassified as salary, shouldn't he be compensated for all overtime hours worked?

[TinkerBelleLuvr]

http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.pdf

Can you further define your job responsibilities. Usually a technician's job won't fall under the classifications of 'exempt' (from overtime pay).

[keena81]

He drives the company vehicle to different job sites and cleans, pulls and replaces carpets, takes out molded drywall, water extraction, cleans fire damages walls and windows. Your typical laborer.

[mlane58]

Salaried is just a pay method, the question that Ginny is asking for would be whether they are exempt or non-exempt.

[keena81]

How would you know if an employee is exempt? He does not supervise anybody or work in the admin side of the company?

[TinkerBelleLuvr]

Originally Posted by keena81

How would you know if an employee is exempt? He does not supervise anybody or work in the admin side of the company?

Go back to the link I provided above. If the job does NOT fall in one of those classifications, then the position is subject to the overtime laws. As an hourly position, you get paid for time worked.

[pattytx]

However, $832 biweekly is $416 weekly, which is less than the $455/week salary requirement for exempt employees. Therefore, it doesn't make any difference whether the duties test is met; the salary test is not. Therefore, nonexempt employee.