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Jul05

Scheduled Hours

Can we schedule employees to work 50 hours a week? Is there a limit to how many hours an employee can work?

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.

The FLSA doesn’t prohibit the number of hours in a day or workweek that an employee may be permitted or required to work.

There are compensation requirements set forth by the FLSA and some state laws that must be followed.

Under the FLSA, employees are either non-exempt or exempt.

Non-exempt employees must be paid for all hours worked and must receive time and one half their regular rates of pay for any hours worked over 40 in a given workweek. Most employees are non-exempt.

Conversely, exempt employees receive a fixed predetermined salary and are excluded from overtime pay provisions.

To be exempt, an employee must pass all three “tests”, salary level, salary basis, and duties, as outlined by the FLSA.

Employees who are paid less than $455 per week are non-exempt.

An exempt employee must receive a regular, predetermined amount of compensation each pay period on a weekly, or less frequent, basis. Aside from a few exceptions, an employee must receive their full salary for any workweek during which the employee performs any work, regardless of the number of days or hours worked.

An employee who meets the salary level and salary basis tests is exempt only if he/she also performs exempt job duties. The actual tasks of the job are to be evaluated, not the job title. Exempt employees are employed as bona fide executive, administrative, professional, outside sales employees, and some computer related occupations.

An employee cannot be classified as exempt to avoid paying overtime. It’s incredibly important to ensure employees are correctly classified as exempt in accordance with FLSA requirements. For more detailed information on exempt criteria feel free to review our previous posts on the matter or ask another question.

This entry was posted on Wednesday, July 5th, 2017 at 7:35 pm and is filed under
Compensation, Labor Laws.
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