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Exempt employee hours

Can an exempt employee legally limit their working hours to 40 per week? Even though their job description is to complete tasks that may take longer than 40 hours per week? This is a “new” work ethic that we are not familiar with and is prevalent among our younger crewmembers…are we missing something here?

If the position is an “Exempt” position under the FLSA exemption rule meeting the following guidelines:

  • the employee is a bona fide executive, administrative, professional, outside sales employee, or certain computer employee;
  • the employee ¬†meets certain test regarding their job duties;
  • the employee is paid at least $455.00 per week.

Then the employee falls under exempt status and there is no limit on the amount of hours an exempt employee can work. Normally, exempt employees are required to work as many hours as necessary to get the job done.

If your employee is leaving after 40 hours and they are not completing their work, than you should speak to your employee. If the employee is completing all of their required duties in a normal workweek of 40 hours there is probably no reason for the employee to work additional hours. There is no rule or law that states an exempt employee should work more than 40 hours in a workweek.

This entry was posted on Thursday, September 20th, 2012 at 4:12 pm and is filed under
Human Resources Management.
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