Quick Answer: Can You Pay Exempt Employee Extra Hours Worked?

Do exempt employees have to work 8 hours a day?

Most employers expect their exempt employees to work the number of hours necessary to get their jobs done.

It doesn’t matter if that takes more or fewer than 40 hours per week.

Even if your exempt employee works 70 hours in a week, you are still only required to pay them their standard base salary..

Can salaried employees be laid off?

Temporarily laying off a salaried employee for a partial day, a full day or even two to three days in a workweek can jeopardize the exempt status of employees. A temporary layoff of salaried workers must be for an entire week if the employer is going to reduce the salaried employee’s pay.

How can employers avoid paying overtime?

The 5 Most Common Ways Employers Avoid Paying Overtime RatesRequiring Employees to Work Off the Clock. … Averaging Your Hours Worked. … Misclassifying Employees. … Classified as an Independent Contractor. … Providing Comp Time.

Can an exempt employee be paid hourly?

An employee must be paid an annual salary, i.e., exempt employees cannot be paid an hourly wage. The employee’s weekly income can be no less than $455 per week. Keep in mind though, just because an employee is paid an annual salary that doesn’t automatically make him or her exempt.

What jobs are exempt from overtime pay?

Executive, administrative, professional and outside sales employees: (as defined in Department of Labor regulations) and who are paid on a salary basis are exempt from both the minimum wage and overtime provisions of the FLSA.

Is salary better than hourly?

In general, salaried employees are paid at a higher rate than hourly employees. Additional benefits of salaried work are that employees receive employment perks such as larger bonuses, benefits packages, retirement plans, and more paid vacation.

Do exempt employees need to make up time?

Exempt employees need not be paid for any workweek in which they perform no work. … If the employee is ready, willing and able to work, deductions may not be made for time when work is not available. Part-Day Absences. The federal courts have held that you cannot dock pay for absences of less than a day.

A week is defined as a fixed time period of 168 hours, or seven consecutive 24-hour days. Even if you are paid every two weeks, if you qualify for overtime, you can’t be required to work 60 hours one week and 20 hours the next, without being paid overtime for the week you worked beyond 40 hours.

Can exempt employees take half days?

Deductions for partial day absences generally violate the salary basis rule, except those occurring in the first or final week of an exempt employee’s employment or for unpaid leave under the Family and Medical Leave Act. … The exempt employee must receive a full day’s pay for the partial day worked.

Is there a limit to how many hours an exempt employee can work?

1. Employees who are exempt can work over 40 hours without additional compensation. Here’s why: the FLSA and state fair labor standards legislation requires employees who work more than 40 hours in any work week to be paid time-and-a-half for those hours.

How many hours are salaried employees allowed to work?

An exempt salaried employee is typically expected to work between 40 and 50 hours per week, although some employers expect as few or as many hours of work it takes to perform the job well.

Does an exempt employees have to use PTO for partial day absences?

Exempt employees are required to use their PTO hours when they are absent from work for partial or full days. … Further, even if absent for a full or partial day during a particular week, an employee is not required to use PTO for an absence in any week in which the employee works a total of more than 40 hours.

Can exempt employees be forced to work weekends?

If your job legitimately is exempt, it is true that you can be expected to work some holidays and/or weekends–if doing so is necessary to accomplish the fundamental job objectives. … Requiring an exempt worker to work specific hours may negate the classification of the job and make it non-exempt.

The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay.

Can employer refuse to pay overtime?

“You cannot refuse to pay for overtime hours actually worked. If the hours are worked, then the employee must be paid. … Again, although employers must generally pay for the time, they can still discipline or terminate employees who violate the employer’s policy.”