For those on Salary

[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.

[sparks19]

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.

There isn't an HRA department. it is a VERY small company. other than the owner there are 3 employees lol. I don't know what the job is classified as. All I know is he makes a fixed amount every year/ every week regardless of hours worked or what have you. I just know it as salary lol so I don't really know the specifics.

[Edwina's Secretary]

If he is not paid for hours in excess of 40 in a workweek, his position is classified as exempt. He might ask the company owner the same question.

[sparks19]

If he is not paid for hours in excess of 40 in a workweek, his position is classified as exempt. He might ask the company owner the same question.

AH I did not know that.

[Blue_Frog]

There isn't an HRA department. it is a VERY small company. other than the owner there are 3 employees lol. I don't know what the job is classified as. All I know is he makes a fixed amount every year/ every week regardless of hours worked or what have you. I just know it as salary lol so I don't really know the specifics.

OH man... even worse! Working for IT in a small company that doesn't care about the employees is awful. Does he have to carry the 'on call' cell phone as well without pay? (been there, done that) He may have to put his foot down on the important things like taking you to the dr. or things like "I'm not working these extra hours without comp" - or go home on the button at shift end regardless -- again, with the understanding that it could go two ways - they will bend because they need him, hes trained and knows the job -or- he could lose the job over it, and look for a new job. I completly understand, having worked in different tech companies for a bunch of years. And i'm sure that the last thing that your hubby wants to do is affect his co-workers who sound like theyre in the boat -- maybe they could all go together to the boss and figure out something?

It's a hard spot to be in, but regardless -- life is too short to be stressed out about work all the time. If hes coming home unhappy about work almost every day, and not wanting to go back for shift start, its time to update the resume and look around for something better -- good luck!