Exempt AND non-exempt

[freakiedeekie]

What is the name of your state? Texas
I am a vocational instructor at a private career school. I have been a non-exempt salary employee for the past four years. (based on a 40 hour work week) I gross approx. $595.00/wk., am deducted for any hours (partial days) that i miss after exhausting any vacation/sick days, and must report an hour lunch break even if one is not taken. I recently accepted a PT position (12 additional hours a week working in the same capacity, only as an exempt hourly employee. Is this right - can they do this instead of paying OT? Neither one of these shifts require me to make any decisions other than to follow company policy and the course syllabus to a T!!! Another thing is they are combining both shifts, exempt and non-exempt into one paycheck. Should I be recieving two paycheck stubs for the different categories they've placed me in? Just curious because it doesn't really seem right. Thanx!

 

[pattytx]

Exempt hourly is not possible. If you are exempt, you must be paid at least $455 per week salary, you cannot be paid by the hour.

 

[freakiedeekie]

You're right - my mistake. I am considered a type 1 FT employee for the first 40 hours (salary) and a type 2 PT employee (hourly) for anything over that. Does that make sense? Anyways...thanx for the reply. Sorry I goofed.

 

[pattytx]

Not totally. I don't know what Type 1 and Type 2 are; those are terms used by your company. And "salary" is just a pay method; there can be nonexempt salaried as well. In your regular position do you get overtime pay at 1.5 time when you work over 40 hours per week?

 

[freakiedeekie]

No... anything after 40 hours whether regular schedule or pt schedule is paid at an hourly rate. (they averaged my weekly salary which turns out to be approx. $14.90/hr and that is whats paid for anything over 40 hours. (OT and extra shifts/assignments)

 

[pattytx]

Generally speaking, anything is excess of 40 hours worked in a work week must be paid and time-and-a-half. Are you saying that the rate at which they pay your overtime fluctuates based on how many hours you have worked in the work week?

In any case, it's the same employer, so they have to combine the wages for taxation purposes, and the hours must be combined for purposes of paying overtime. It is irrelevant that the work is done for two different departments.

 

[freakiedeekie]

Actually, what I'm trying to say is that I have never been paid overtime, not once in 5 years. Not even now, and I'm working anywhere from 54-60 hours a week. I guess I just got caught up in all of the technical mumbo-jumbo when I posted my original question. Sorry and thank you sooooo much for your replies - I don't mean to be a pain!

 

[pattytx]

If you are a non-exempt employee, you basically must be paid overtime for anything over 40 hours. Do you have any records of how many hours you have worked? I would recommend contacting the Texas Workforce Commission to file a claim for unpaid overtime. They will investigate to determine if, in fact, any extra compensation is due.