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Examples of non-exempt employees include contractors, freelancers, interns, servers, retail associates and similar jobs. Even if non-exempt employees earn more than the federal minimum wage, they still take direction from supervisors and do not have administrative or executive positions.
Maximum hours an exempt employee can be required to work The law does not provide a maximum number of hours that an exempt worker can be required to work during a week. This means that an employer could require an exempt employee to work well beyond 40 hours a week without overtime compensation.
Working Overtime in MichiganThere are no Michigan labor laws on mandatory overtime. Employers are generally free to require employees to work as many hours as are needed, but there is no specific law in Michigan that permits employees to refuse overtime work.
In Michigan, employer must pay all non-exempt employees for all hours worked. Michigan minimum wage law does not address when employee time must be counted as hours worked. The standards set forth by the federal Fair Labor Standards Act related to hours worked may provide reasonable guidance.
Exempt employees are not legally required to receive overtime pay for working in excess of 40 hours per week. In most cases, exempt workers are paid a salary and perform managerial and/or supervisory duties.
It does not set a maximum workweek at 40 hours or any other length of time. Employees over the age of 15 can be assigned to work any workweek that they and the employer agree to. And they are not automatically entitled to overtime for weekends or holidays.
If you are a non-exempt employee, your employer must pay you at least the federal minimum wage (currently $7.25 per hour in Texas and under federal law) and must pay you overtime pay at a rate of at least one and a half times your hourly pay rate for all hours worked over 40 in each workweek.
Farm and agricultural workers, elected officials, seasonal camp workers, and under-18 childcare providers are all exempt from overtime completely, as are most white collar workers and anyone who is already exempted from Michigan's minimum wage law.
Currently, salaried workers whose primary job responsibilities involve executive, administrative or professional duties and whose salaries are less than $23,660 per year or $455 per week must receive overtime pay.
Salary level test. Employees who are paid less than $23,600 per year ($455 per week) are nonexempt. (Employees who earn more than $100,000 per year are almost certainly exempt.)