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Non exempt - salary or hourly

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Junior Member
What is the name of your state?What is the name of your state? CA

My current position with my employer is non-exempt. My method of pay is hourly. Here is my question: the way I understand it non-exempt means you get paid overtime, exempt, you do not. Because my position is a non-exempt position, does that mean that my method of pay can only be hourly? That is what my company is telling me. They said in order for me to change from hourly to salary, my job duties would have to change to meet some state requirements. From the research that I have done, I can still have an non-exempt position, with no change in duties, but can be paid salary non-exempt (still get paid for overtime). I understand that salary vs hourly is merely a method of pay, but this small detail has means alot to me.

Thank you in advance for your help.


I'm a Northern Girl
Your employer can, if they choose to, pay a non-exempt employee on a salaried basis when they work less than forty hours per week as long as they also pay overtime when it is due.

However, they have no legal obligation to do so. They are well within their rights to insist that only employees who meet the definition of exempt be paid on a salaried basis, and in fact they are much safer in doing to. There is no provision in the FLSA for salaried non-exempt; while it is not technically illegal it is also not recognized by the DOL.

I just noticed that you are in CA, where overtime is, by law, compliled on a daily, not weekly basis. That makes it even less likely that your employer would be willing to pay you on a salaried non-exempt basis as the administration would be even more complicated.

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