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Can you be an hourly programmer for a company?
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I've been doing some reading about salaried exempt, salaried nonexempt, and hourly employees; on this SE as well as other sites.
I'm not clear on one point: using an example of computer programmers/developers/etc. does a particular company decide to offer a position as salaried exempt, or is that decision pre-empted by the FLSA?
For a more specific (but imaginary) example, could a company offer me an hourly position as an Android developer? Or does the law force them to only hire me as a salaried exempt employee?
I've seen similar verbiage on all references, and this is from dol.gov, emphasis mine:
The following are examples of employees exempt from both the minimum
wage and overtime pay requirements:
Executive, administrative, and professional employees (including teachers and academic administrative personnel in elementary and secondary schools), outside sales employees, and certain skilled computer professionals (as defined in the Department of Labor's regulations)
Employees of certain seasonal amusement or recreational establishments
Employees of certain small newspapers and switchboard operators of small telephone companies
Seamen employed on foreign vessels
Employees engaged in fishing operations
Employees engaged in newspaper delivery
Farm workers employed on small farms (i.e., those that used less than 500 "man days" of farm labor in any calendar quarter of the preceding calendar year)
Casual babysitters
Persons employed solely by the individual receiving services (not an agency, non-profit, or other third party employer) primarily providing fellowship and protection (companionship services) to seniors and/or individuals with injuries, illnesses, or disabilities
See also: https://webapps.dol.gov/elaws/faq/esa/flsa/011.htm
salary united-states flsa
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I've been doing some reading about salaried exempt, salaried nonexempt, and hourly employees; on this SE as well as other sites.
I'm not clear on one point: using an example of computer programmers/developers/etc. does a particular company decide to offer a position as salaried exempt, or is that decision pre-empted by the FLSA?
For a more specific (but imaginary) example, could a company offer me an hourly position as an Android developer? Or does the law force them to only hire me as a salaried exempt employee?
I've seen similar verbiage on all references, and this is from dol.gov, emphasis mine:
The following are examples of employees exempt from both the minimum
wage and overtime pay requirements:
Executive, administrative, and professional employees (including teachers and academic administrative personnel in elementary and secondary schools), outside sales employees, and certain skilled computer professionals (as defined in the Department of Labor's regulations)
Employees of certain seasonal amusement or recreational establishments
Employees of certain small newspapers and switchboard operators of small telephone companies
Seamen employed on foreign vessels
Employees engaged in fishing operations
Employees engaged in newspaper delivery
Farm workers employed on small farms (i.e., those that used less than 500 "man days" of farm labor in any calendar quarter of the preceding calendar year)
Casual babysitters
Persons employed solely by the individual receiving services (not an agency, non-profit, or other third party employer) primarily providing fellowship and protection (companionship services) to seniors and/or individuals with injuries, illnesses, or disabilities
See also: https://webapps.dol.gov/elaws/faq/esa/flsa/011.htm
salary united-states flsa
asked 10 mins ago
YetAnotherRandomUser
1033
New contributor
YetAnotherRandomUser is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
I think this heavily depends on the company, the job you seek, the contract they offer, and how you negotiate this... also, It will depend on local, state laws...
– DarkCygnus
5 mins ago
"as defined in the Department of Labor's regulations" I guess you'd have to look at that bit of information as well. And now I'm wondering if I'm getting hosed....
– SiXandSeven8ths
33 secs ago
add a comment |Â
up vote
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up vote
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I've been doing some reading about salaried exempt, salaried nonexempt, and hourly employees; on this SE as well as other sites.
I'm not clear on one point: using an example of computer programmers/developers/etc. does a particular company decide to offer a position as salaried exempt, or is that decision pre-empted by the FLSA?
For a more specific (but imaginary) example, could a company offer me an hourly position as an Android developer? Or does the law force them to only hire me as a salaried exempt employee?
I've seen similar verbiage on all references, and this is from dol.gov, emphasis mine:
The following are examples of employees exempt from both the minimum
wage and overtime pay requirements:
Executive, administrative, and professional employees (including teachers and academic administrative personnel in elementary and secondary schools), outside sales employees, and certain skilled computer professionals (as defined in the Department of Labor's regulations)
Employees of certain seasonal amusement or recreational establishments
Employees of certain small newspapers and switchboard operators of small telephone companies
Seamen employed on foreign vessels
Employees engaged in fishing operations
Employees engaged in newspaper delivery
Farm workers employed on small farms (i.e., those that used less than 500 "man days" of farm labor in any calendar quarter of the preceding calendar year)
Casual babysitters
Persons employed solely by the individual receiving services (not an agency, non-profit, or other third party employer) primarily providing fellowship and protection (companionship services) to seniors and/or individuals with injuries, illnesses, or disabilities
See also: https://webapps.dol.gov/elaws/faq/esa/flsa/011.htm
salary united-states flsa
asked 10 mins ago
YetAnotherRandomUser
1033
New contributor
YetAnotherRandomUser is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
I've been doing some reading about salaried exempt, salaried nonexempt, and hourly employees; on this SE as well as other sites.
I'm not clear on one point: using an example of computer programmers/developers/etc. does a particular company decide to offer a position as salaried exempt, or is that decision pre-empted by the FLSA?
For a more specific (but imaginary) example, could a company offer me an hourly position as an Android developer? Or does the law force them to only hire me as a salaried exempt employee?
I've seen similar verbiage on all references, and this is from dol.gov, emphasis mine:
The following are examples of employees exempt from both the minimum
wage and overtime pay requirements:
Executive, administrative, and professional employees (including teachers and academic administrative personnel in elementary and secondary schools), outside sales employees, and certain skilled computer professionals (as defined in the Department of Labor's regulations)
Employees of certain seasonal amusement or recreational establishments
Employees of certain small newspapers and switchboard operators of small telephone companies
Seamen employed on foreign vessels
Employees engaged in fishing operations
Employees engaged in newspaper delivery
Farm workers employed on small farms (i.e., those that used less than 500 "man days" of farm labor in any calendar quarter of the preceding calendar year)
Casual babysitters
Persons employed solely by the individual receiving services (not an agency, non-profit, or other third party employer) primarily providing fellowship and protection (companionship services) to seniors and/or individuals with injuries, illnesses, or disabilities
See also: https://webapps.dol.gov/elaws/faq/esa/flsa/011.htm
salary united-states flsa
salary united-states flsa
asked 10 mins ago
YetAnotherRandomUser
1033
New contributor
YetAnotherRandomUser is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked 10 mins ago
YetAnotherRandomUser
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YetAnotherRandomUser is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked 10 mins ago
YetAnotherRandomUser
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YetAnotherRandomUser is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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asked 10 mins ago
YetAnotherRandomUser
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asked 10 mins ago
YetAnotherRandomUser
1033
1033
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YetAnotherRandomUser is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
YetAnotherRandomUser is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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I think this heavily depends on the company, the job you seek, the contract they offer, and how you negotiate this... also, It will depend on local, state laws...
– DarkCygnus
5 mins ago
"as defined in the Department of Labor's regulations" I guess you'd have to look at that bit of information as well. And now I'm wondering if I'm getting hosed....
– SiXandSeven8ths
33 secs ago
add a comment |Â
I think this heavily depends on the company, the job you seek, the contract they offer, and how you negotiate this... also, It will depend on local, state laws...
– DarkCygnus
5 mins ago
"as defined in the Department of Labor's regulations" I guess you'd have to look at that bit of information as well. And now I'm wondering if I'm getting hosed....
– SiXandSeven8ths
33 secs ago
I think this heavily depends on the company, the job you seek, the contract they offer, and how you negotiate this... also, It will depend on local, state laws...
– DarkCygnus
5 mins ago
I think this heavily depends on the company, the job you seek, the contract they offer, and how you negotiate this... also, It will depend on local, state laws...
– DarkCygnus
5 mins ago
"as defined in the Department of Labor's regulations" I guess you'd have to look at that bit of information as well. And now I'm wondering if I'm getting hosed....
– SiXandSeven8ths
33 secs ago
"as defined in the Department of Labor's regulations" I guess you'd have to look at that bit of information as well. And now I'm wondering if I'm getting hosed....
– SiXandSeven8ths
33 secs ago
add a comment |Â
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YetAnotherRandomUser is a new contributor. Be nice, and check out our Code of Conduct.
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I think this heavily depends on the company, the job you seek, the contract they offer, and how you negotiate this... also, It will depend on local, state laws...
– DarkCygnus
5 mins ago
"as defined in the Department of Labor's regulations" I guess you'd have to look at that bit of information as well. And now I'm wondering if I'm getting hosed....
– SiXandSeven8ths
33 secs ago