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My employer claims that I am a salaried employee. I am paid at a flat hourly rate for ALL the hours I work, whether I work 40 or 60 hours in a workweek. I am always scheduled to work at least 40 hours and I always work at least 40 hours.
My paycheck amounts fluctuate based exclusively on the number of hours I work. I am paid $12.00 an hour. When I work 40 hours, I'm paid $480.00. When I work 60 hours, I'm paid $720.00. Do I or don't I meet the requirements of the FLSA Salary Basis test?Please assume that my actual job dutes fail to pass all of the job duties qualification tests for the executive and the administrative exemptions.