Overtime pay question

My husband works as a 'Contract Manager' for a local manufacturing company. He does not oversee anyone and is not in a supervisory position. His job is to make sure that contracts are made up correctly and that the customer is getting what he pays for.

He also often contacts the customers and sales reps. to straighten out any disputes that may arise. He is considered a salaried non-exempt employee. He was recently told that he needs to put in 60 hrs per week.

My question is "Is he truly non-exempt since he is not supervising anyone? And shouldn't he be receiving overtime pay?"
Thank You.

1 answer  |  asked Mar 23, 2002 2:32 PM [EST]  |  applies to Wisconsin

Answers (1)

John Uelmen
Overtime Pay

The position appears to be a non-exempt position and you state that it is classified as non-exempt. "Non-exempt" means that it is not exempted from the overtime provisions of the Fair Labor Standards Act. He would therefore be entitled to overtime pay for each hour over 40 he works in a week at the rate of 1.5 times his regular hourly pay. His hourly pay would generally be calculated by dividing his annual salary by 2080 (52 wks X 40 hours). If you meant to say that the employer has classified this as an "exempt" position, he would still be entitled to the overtime pay if it is not a bona fide executive, administrative or professional position. Based upon your description, this position does not appear to qualify for any of those exemptions.

posted by John Uelmen  |  Mar 24, 2002 10:36 AM [EST]

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