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Thread: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by buck View Post
    Not really. It is a fact that exempt employees typicalyl have far more flexability than hourly.

    Here is another source for you to proclaim unreliable:



    What's the Difference Between Exempt and Nonexempt Workers?
    You're confusing what the law says with what are common corporate practices.
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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by sangha View Post
    Economies that grow have inflation
    Economies that grow also have bankruptcies. That doesn't mean that successful economies require bankruptcies.
    Give a man a fish and he eats for a day. Teach a man to fish and he stops voting for the Free Fish party.

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by sangha View Post
    Obviously, it does not mean what you say it means because salaried employees who are non-exempt can be paid more if they work overtime.

    Here is the DOL's definition of salaried. Note how it does not say "salaried means you are paid a certain amount each year, regardless of the hours you worked"
    http://www.dol.gov/whd/regs/complian...17g_salary.pdf

    And note how it doesn't say that the amount "can't be increased"
    No, but it sure does indicate:
    an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or less frequent, basis.
    if they are making more because of OT, that is not predetermined. If they are non-exempt, the company has to keep track of the employee's hours, unless they want to risk breaking the law, the employee would be eligible for OT and other protections and they would no longer be considered salaried.

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by buck View Post
    No, a salaried employee would not get OT. Salaries means you are paid a certain amount each year, regardless of the hours you worked.

    If they are eligible for OT, they are defined as hourly and hours would have to be tracked for that employee to ensure the company is not violating the law.

    It's actualyl pathetic you keep arguing this completely losing position.
    Buck, I just left a job as a salaried non-exempt employee. I insisted I be non-exempt because I wanted to be paid for the extra hours I put in. I was also given flexibility on my schedule because I was a good employee. They were not required to allow me this flexibility, they awarded it to me as a benefit of sorts to help retain me as an employee.
    "Judge a man by his questions rather than his answers" - Voltaire
    "There is nothing noble in being superior to your fellow men. True nobility lies in being superior to your former self" -Hemingway

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by opendebate View Post
    You're confusing what the law says with what are common corporate practices.
    Not confusing that at all. The law doesn't require exempt employees to have more flexability and I have never claimed that it did.

    But the fact is, that exempt employees typically have more flexability than non-exempt employees.

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by opendebate View Post
    Buck, I just left a job as a salaried non-exempt employee. I insisted I be non-exempt because I wanted to be paid for the extra hours I put in. I was also given flexibility on my schedule because I was a good employee. They were not required to allow me this flexibility, they awarded it to me as a benefit of sorts to help retain me as an employee.
    So, even in your story, you sure seem to indicate that exempy employees typically have more flexability than non-exempt. You had to ask for the flexability and you recieved it because you were a good employee.

    Anyway, my mom has a similar story. She is a team lead for her department, they wanted to make her a manager, but she declined because she didn't want to give up the OT she was making at the time.

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by buck View Post
    Not confusing that at all. The law doesn't require exempt employees to have more flexability and I have never claimed that it did.

    But the fact is, that exempt employees typically have more flexability than non-exempt employees.
    Again, I think in your earlier posts you were confusing law with common corporate practices.
    "Judge a man by his questions rather than his answers" - Voltaire
    "There is nothing noble in being superior to your fellow men. True nobility lies in being superior to your former self" -Hemingway

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by buck View Post
    So, even in your story, you sure seem to indicate that exempy employees typically have more flexability than non-exempt. You had to ask for the flexability and you recieved it because you were a good employee.

    Anyway, my mom has a similar story. She is a team lead for her department, they wanted to make her a manager, but she declined because she didn't want to give up the OT she was making at the time.
    No one is arguing about what might be the common practice. You made the statement that salaried = exempt. Which is inaccurate. It isn't even most common.

    Like Sangha said earlier, a persons exempt vs non-exempt status hinges on a variety of factors not just whether or not they are salaried. The job your mother was offered may have caused her eligibility for non-exempt status to change. That is most likely the case.
    "Judge a man by his questions rather than his answers" - Voltaire
    "There is nothing noble in being superior to your fellow men. True nobility lies in being superior to your former self" -Hemingway

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by opendebate View Post
    Again, I think in your earlier posts you were confusing law with common corporate practices.
    Not intentionally. There is no law that exempt employees have to be given more flexability. However, they typically are, right?

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    Re: OVERTIME OVERHAUL Obama reportedly to issue order expanding eligibility

    Quote Originally Posted by opendebate View Post
    No one is arguing about what might be the common practice. You made the statement that salaried = exempt. Which is inaccurate. It isn't even most common
    Like Sangha said earlier, a persons exempt vs non-exempt status hinges on a variety of factors not just whether or not they are salaried. The job your mother was offered may have caused her eligibility for non-exempt status to change. That is most likely the case.
    This is a different argument. If someone is salaried, they are exempt. If someone does not meet they requirements of the law, then they are not salaried (and not exempt from the law), they are hourly and are eligible for OT.

    For example, if a person makes $200.00 per week, they can not be exempt, true? If they can not be exempt, they then have to be paid hourly and would be eligible for OT. The employer will have to track their hours to ensure they are not working too much, skipping breaks/lunches, etc... That is clearly not a salaried employee, but is simply an hourly employee.

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