There is an expectation that a salaried exempt employee will work between 40 and 50 hours per week; however, some employers demand as few or as many hours of labor as is needed to execute the job effectively.
Because an exempt salaried worker may be expected to work more than 40 hours without additional compensation, an attorney once explained to me that an employer can expect a worker to work around 40 hours per week, but cannot require specific number of hours, as long as that person is performing a reasonable amount of work for the workweek.This means that sometimes it may be more, and other times it may be less, but overall it will probably average 40+ hours.
What is the minimum hours for an exempt employee?
The vast majority of businesses have an expectation that exempt employees will put in the amount of time required to complete their assignment.It makes no difference if that takes more or less than 40 hours per week to complete.You are only obligated to pay your exempt employee the usual base wage even if they work 70 hours in a week.This is the case regardless of whether or not they receive overtime compensation.
Can an employer pay overtime to an exempt employee?
Therefore, companies are not required to pay overtime wages to employees who are classified as exempt. On the other hand, an employer is allowed to do so without putting the exempt status in jeopardy. According to the regulation, an employer is considered to have satisfied its Fair Labor Standards Act (FLSA) pay responsibility if the exempt employee is paid on a salary basis.
Can an exempt employee be paid an hourly rate?
As a result, you are free to offer an exempt worker ″additional money″ for more labor without infringing on the criteria of the wage basis test.Even while this supplemental compensation can be given in any quantity, some employers may choose to dole it out on an hourly basis instead.Divide the yearly compensation by the total number of hours that are expected to be worked in a year to arrive at an estimate of the hourly rate.
How should overtime be paid to exempt employees?
- General Guidance. materials for guidance on issues pertaining to overtime, such as a guide to employment law, questions and answers, a guide to the legislation governing overtime in each state, and more
- Informational Sheets Read fact sheets that cover a number of issues related to overtime to acquire further knowledge
- Interpretive Guidance.
- Laws and Regulations That Are Currently in Effect