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Jul11

Part time exempt

If an employees work status is Part time exempt for a set number of hours (29) per week and the employee works 23 additional hours in the same week are they intitled to be paid for those extra 23 hours?

No, the exempt employee is not entitled to additional payment. Exempt employees do not earn an hourly wage. An exempt employee must be paid his or her usual weekly salary regardless of the number of hours the employee works. Suppose the exempt employee usually works 29 hours spread over 5 days per week. If the exempt employee works only 15 hours spread over those five days one week, she is still entitled to her usual salary for the week. (She can be disciplined or terminated for not working the expected hours, but she must be paid her usual salary.)

By the same token, if the exempt employee works 52 hours one week instead of 29, or works 7 days instead of 5, she is not entitled to any additional pay. This is the meaning of *exempt employee.* In a sense, the exempt employee is being paid for those hours — its simply that her wage for working 52 hours is the same as her wage for working 29 hours.

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This entry was posted on Sunday, July 11th, 2010 at 6:01 pm and is filed under
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