Barry Miller quoted in Boston Globe

In the October 15 Job Dock column of the Boston Globe, Barry Miller responds to a reader’s question about overtime pay eligibility for an “exempt” employee whose salary is prorated for working less than a 40 hour week and forced to take “flextime, not overtime,” for working more than 40 hours.

Barry explains: “The most common exemptions [to overtime pay laws] are white collar exemptions, which apply to executive, professional, or administrative employees. To meet any of these exemptions, an employee’s primary duty must include a genuine exercise of managerial and supervisory authority, the application of professional judgment, or the exercise of discretion and independent judgment.” Barry says it would be necessary to learn more about the reader’s position to determine if it’s properly treated as exempt, but notes that “If an employer makes improper deductions form an employee’s salary, it may lose the benefit of the exemption and may be required to pay overtime to the employee. The concept of flextime raises a red flag…Most private sector companies cannot avoid paying overtime to nonexempt employees by offering flextime. However, if an employee is properly exempt, his or her employer is free to make allowances in the employee’s schedule to recognize his or her hard work in previous weeks.” Barry advises the reader to take his response to a manager or human resources representative for clarification.