What determines exempt or non-exempt Salaried status?

[twright72]

What is the name of your state (only U.S. law)? Nevada

I have worked in a position where I am salaried and expected to work 6 days a week 9 or more hours depending on what the job that day requires. Anywhere from 48 to 72 hours a week depending on the time of year.

I do have opportunity at commission, but it is not more than half my salary, and this year the plan was structured where it was impossible to meet in some months.

I do not hire or fire and do not manage employees.

Our paychecks are based on a 40 hour workweek and our vacation time is acrued based on a 40 hour work week.

If we take any PTO, it is understood that we can add an extra day to our normal day off, as if we are working only 5 days, which does not count against our PTO.

Is this legal to make overtime in my position?

 

[cbg]

You have not given us enough information to say for certain if you are exempt or non-exempt.

It is your job duties, not your title, not your hours, not your benefits, and with one exception it is not even whether you manage, hire and fire other employees, that determines whether you are exempt or non-exempt. (ONLY the executive exemption, out of four so-called white collar exemptions and probably a hundred overall exemptions, requires that you manage other employees.)

Regardless of whether you are exempt or non-exempt, you can be required to work particular hours. The way you accrue vacation has no bearing on your exempt status. The way your employer requires or allows you to use your vacation has no bearing on your exempt status.

You will have to give us a description of your job duties, with as much detail as you can, before we can offer an opinion.