hourly vs. exempt pay

Does a job description legally determine how a person is paid (hourly vs. exempt), and is it illegal to be paying people within the same job description differently (one individual is exempt while 3 others are being paid hourly)?
Thank you.

1 answer  |  asked Dec 4, 2008 08:17 AM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
The job duties control whether the job is exempt, not the job description

The US Department of Labor (DOL) regulations state that the actual job duties determine whether an employee is exempt or not. The job description and job title are not controlling. The fact that the employer treats other employees as non-exempt in the position appears to undermine the claim that you are exempt.

You can file a claim with the US DOL's wage and hour division, which will investigate and, if your complaint has merit, will attempt to recover your unpaid overtime.

Follow this link to a DOL letter regarding this issue:


Best regards,

Neil Klingshirn

posted by Neil Klingshirn  |  Dec 4, 2008 12:46 PM [EST]

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