California Wage Law Attorney

How Many Hours is a Salaried Employee Required to Work

July 17, 2017 Overtime 0
How Many Hours is a Salaried Employee Required to Work - California Wage Law Attorney

How Many Hours is a Salaried Employee Required to Work

The Fair Labor Standards Act (FLSA) does not actually limit the employers from asking salaried exempt workers to follow a specific schedule or to track the number of hours worked. As a matter of fact, the Department of Labor (DOL) states that employers could ask exempt employees to follow a certain work schedule and record hours of work without affecting the exempt status of the employee.

Overtime under FLSA

As per the FLSA, majority of the employees in the U.S. must be given the minimum wage (as decided by the federal government), for all working hours in addition to overtime compensation at the rate of 1.5 times (minimum rate) the regular pay rate of the employee for all extra working hours, i.e. hours worked in excess of 40 per week.

The FLSA defines a workweek or normal work period as seven consecutive days. Overtime is therefore time worked beyond the prescribed threshold (usually 40 hours per week). There are some job positions which are regulated by a separate FLSA overtime threshold. But for all other employees, whether working on an hourly wage or fixed salary, the 40-hour overtime threshold per week is usually applicable (some states such as California may prescribe their own overtime threshold for employees).

No fixed work schedules

In the FLSA, there are no regulations guaranteeing an employee a specific amount of working time or a specific work schedule. It is the decision of the employer to make adjustments to a work schedule in a work week so as to prevent the employee from working the FLSA overtime.

It is important to understand that certain jobs might use the term “overtime” in a different sense, e.g. to define “number of hours worked by the employee outside of his normal schedule” or “time worked beyond eight hours per day”.