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Joined: Jul 2001
Posts: 599
J
JBD Offline
Member
Salaried versus hourly pay has nothing to do with it.
Labor laws deal with exempt (from overtime) and non-exempt.

A simplified explanation is: to be exempt, you must be able to set your own work hours. If you are not free to come and go as you please, you are probably non-exempt and are due OT even if you are salaried.

Joined: Feb 2008
Posts: 165
R
Member
being able to set your own hours is not part of the standards required by FLSA to qualify as exempt.
http://www.dol.gov/whd/regs/compliance/fairpay/fs17a_overview.pdf

Joined: Jul 2001
Posts: 599
J
JBD Offline
Member
I said it was a simplified explanation, but you are correct it was too simplified.

In the cited source,.
Administrative employees must,include the exercise of discretion and independent judgment with respect to matters of significance.

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