Originally Posted by Edwina's Secretary
What you are referring is Exempt....meaning exempt from overtime payments (salary is a form of making payment that can be used for non-exempt, i.e. overtime eligible and exempt.)
If the position he holds is computer-related, it is VERY possible the position is incorrectly clasified as Exempt, especially after something called the 541 revisions.
All this is governed by the Fair Labor Standards Act (FLSA), a federal law. Most states also have laws regarding this, I am sure Michigan does. Sometimes the State law may be even more restrictive on the employer.
Computer positions that are eligible for exempt status are primarily ones that involve creating new programs based on customer requirements, some testing where test cases are written, and SOME help desk....but very few. There are also some salary minimums required in order for a position to be exempt.
Many employers believe all computer-related positions are exempt which is simply NOT true. If there is a human resource department he may want to ask if under the Section 541 regulations of the FLSA his position should be classifed as exempt or non-exempt.