Expert: Ed McFarland - 2/16/2005

Question
i was a salary employee before the new law went into affect in 2004, then they wanted me to go back to being a clock puncher, i said no, so now i'm considered a non exempt salary employee, which is no different than an hourly. i've been with the company for almost 12 years, 6 of those have been salary** had to be out recently for surgery and they paid me my salary, then said i had to pay it back, which i did. so my question is what constitutes being salary exempt. what should my expectations be in terms of what the new law states. there are 8 of us considered salary and i am the only considered non-exempt, they say because i have no persons working under me, but i am asst. office manager, so therefore i'm everyones goto person, just not classified as anyones supervisor. please help me clarify this in my mind and heart.

thank you in advance

Answer
You are either non-exempt or salaried (exempt) there is no such thing as non-exempt salaried employee.

If you are non-exempt you have to be paid for overtime.

Check out the Department of Labor, www.dol.gov and check out the regulations.

Good luck.