“If I could sum up why I’m committed to the HR Girlfriends community it would come down to because we are ‘….in this together.'”

~Sana’ Rasul, Chief Girlfriend

Q&A: Can a Manager Be Non-Exempt?

Question:

We have a manager whose hours have been reduced to 20 per week. As a result, she does not meet the minimum salary requirement to maintain her exempt status. Does she need to be reclassified as an hourly non-exempt employee? If so, would the manager’s title need to change?

Answer: Celine, SHRM-CP, one of our HR Pros says…

You are correct that since this manager no longer meets the minimum salary requirement to qualify as exempt, she needs to be reclassified as non-exempt. However, you still have an option of classifying her as hourly non-exempt or salaried non-exempt. This is because an employee’s exemption status refers to whether or not they are entitled to overtime under the Fair Labor Standards Act while being “hourly” or “salaried” simply refers to the method by which you calculate their weekly pay.

The most common option and the one we recommend in almost all cases is hourly non-exempt, where she would be paid for exactly the number of hours she works each week, whether that’s 15.5, 20, or 28.25. If you choose to make her salaried non-exempt, you will agree to pay her the same amount for each week when she performs 40 hours or fewer of work.

Regardless of how pay is issued, she must be paid time and a half for hours worked over 40 in a workweek (and may be entitled to daily overtime if she works in a state where that is required). Since she’s non-exempt regardless of being hourly or salaried, all hours worked must be carefully tracked and reviewed each seven-day workweek to ensure that any overtime is paid properly.

As for your second question, an employee’s exemption status is determined by their daily duties and meeting the salary threshold, not their job title, so you are free to leave her job title as is.

We look forward to working with you further!

Celine, SHRM-CP

Celine, SHRM-CP

With eight years of customer service experience under her belt, Céline is proud to bring her healthcare and food service expertise to the team. She’s fluent in French and proficient in Spanish, making her nearly trilingual. Céline serves on the board of a non-profit that organizes a citywide music festival. She loves spending her time exploring the outdoors, playing with her nieces and nephews, and cooking.

Leave a comment

Never miss an opportunity to earn HRCI/SHRM credits, identify a mentor, or connect 1:1 with another HR Girlfriend in your city or across the country.

Subscribe
Notify of
guest
0 Comments
Inline Feedbacks
View all comments
Author picture

HR Girlfriends™ is a Human Resources networking organization dedicated to advancing the practice and culture of people empowerment. Our team of Girlfriends consult, train, educate, develop, share, promote, and advocate for solutions in the field of human resource management.

Are You IN?
Or Are You OUT?

It’s time you join forces with a community of like-minded peers ready to tackle the issues unique to the women of HR.
  • All
  • Affirmation
  • Career Mondays
  • Certification
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
  • Talent Management
All
  • All
  • Affirmation
  • Career Mondays
  • Certification
  • COVID-19
  • CyberSAFE
  • Guest Blogger
  • HR Advisor
  • HR Law Alert
  • HR Q&A
  • HR Reading
  • HR Reel Talk
  • Join Our Team - Apply Now
  • Membership
  • Talent Management
HR Q&A

Q&A: We’ve had a request for a religious accommodation, but I think the employee wants to get out of following the policy for other reasons. How do I determine whether a religious belief is legitimate and sincerely held?

Ordinarily, you should assume that an employee’s request for a religious accommodation is based on a sincerely held religious belief, observance, or practice. The definition ...
Read More →
Career Mondays

Career Monday: 14 Habits That Make You a More Valuable Employee

Making yourself more valuable to your employer leads to a more successful career. More opportunities open up when you have an impressive resume and a ...
Read More →
HR Q&A

Q&A: We’re not bound by any law requiring us to conduct background checks, but we choose to do them for all new hires. Should we also do them when we rehire an employee?

It’s up to you. Conducting a background check when hiring a former employee would keep the process simple and straightforward. Every exception you add to ...
Read More →
Share via
Copy link
Powered by Social Snap