Kuhn: It Matters Who Owns Your Copylefted Copyrights

Posted Jul 3, 2021 22:12 UTC (Sat) by NYKevin (subscriber, #129325)
In reply to: Kuhn: It Matters Who Owns Your Copylefted Copyrights by mathstuf
Parent article: Kuhn: It Matters Who Owns Your Copylefted Copyrights

> Hey, not everyone is salaried in the US; I'm hourly. Still exempt, so there's no overtime multiplier, but we track hours pretty explicitly.

That is illegal (in the US). The Fair Labor Standards Act says that an exempt employee must be paid "on a salary basis" to qualify for the exemption. It is possible to give the employee a fixed weekly amount and *supplement* that with *additional* hourly pay, but that fixed amount must be high enough to qualify as a "salary" under the FLSA all by itself.

In other words, one of the following is legally required to be the case:

1. You are paid a salary, and not hourly.
2. You are paid a salary, and also hourly on top of the salary.
3. You are paid overtime.

There is simply no such thing as an hourly-exempt employee in the US.

Kuhn: It Matters Who Owns Your Copylefted Copyrights

Posted Jul 4, 2021 0:28 UTC (Sun) by mathstuf (subscriber, #69389) [Link]

I think things may have shifted since you last looked? As per [1], "computer employee" exemption's compensation bullet point is:

> The employee must be compensated either on a salary or fee basis (as defined in the regulations) at a rate not less than $684* per week or, if compensated on an hourly basis, at a rate not less than $27.63 an hour;

[1]https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime