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Jul25

Non-exempt Salaried

We are government branch employees and everyone is paid via salary. If I have a non-exempt salaried employee who is normally scheduled for 20 hours per week, do I have to pay them extra if they work 25 hours in one week vs. 20 hours they are normally scheduled for? In other words, do I have to pay for each hour vs. the salary for anything under 40 hours? They earn OT via comp time for all hours worked over 40 per week and then are paid $$ if they reach over 200 hours of comp time in any pay period.

The federal Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.

Under the FLSA, employees are either non-exempt or exempt. Non-exempt employees must be paid for all hours worked and are subject to overtime and minimum wage requirements prescribed by the FLSA. Conversely, exempt employees receive a fixed predetermined salary and are excluded from overtime pay provisions.

Salary and hourly paid are compensation terms. Though uncommon, a non-exempt employee can be paid a salary each workweek. However, the employee still must be paid for each and every hour worked and receive overtime pay for hours worked over 40 in a workweek.

So, if the employee’s salary is based on 20 hours a week and she works 25 hours one week, she is due compensation for the additional 5 hours worked.

Usually, overtime pay must be paid to the employee in cash. However, there is an exception to the overtime provision for public agencies.

Under the FLSA, a public agency is defined to mean the Government of the United States; the government of a State or political subdivision thereof; any agency of the United States, a State, or a political subdivision of a State; or any interstate governmental agency. The public agency definition does not extend to private companies that are engaged in work activities normally performed by public employees.

Employees of state or local government agencies may receive compensatory time off, at a rate of not less than one and one-half hours for each overtime hour worked, instead of receiving overtime pay in cash. Law enforcement, fire protection, and emergency response personnel and employees engaged in seasonal activities may accrue up to 480 hours of comp time; all other state and local government employees may accrue up to 240 hours.

There are even further exemptions from overtime provisions for fire protection and law enforcement employees. For details on these exemptions please post another question.

This entry was posted on Saturday, July 25th, 2015 at 6:32 pm and is filed under
Compensation, Labor Laws.
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