Human Resource Blog

The Fair Labor Standards Act (FLSA) does not mandate a minimum number of hours for exempt or nonexempt employees, but rather leaves it up to each employer to determine the work schedules for their own employees. If a salaried nonexempt employee works more than 40 hours in one workweek, he or she must be paid overtime at one and one-half the regular rate of pay for all hours exceeding 40.

Additionally, Nevada employers must pay nonexempt employees overtime for hours worked above 8 in one day, unless the employee is on a regular 10 hour/4 day per week schedule.

Salaried exempt employees are not eligible for additional compensation, regardless of the number of hours or days they work in one workweek.

Employers are free to schedule exempt and nonexempt employees as they see fit.

The Fair Labor Standards Act only requires employers to pay nonexempt employees for time worked. However, they may not deduct from an exempt employee’s salary for partial-week absences occasioned by the employer. A case such as you describe would fall into this category, so while the employer would not have to pay the exempt employee for any full work weeks of absence, they would need to pay the regular salary for work weeks in which the exempt employee performs some work.

Yes, it is legal. The Fair Labor Standards Act (FLSA) for the most part allows employers to set employee salaries as they see fit, as long as they meet federal and state minimum wage requirements. And if the employee is classified as exempt, the salary must be at least $455 per week.

The Equal Pay Act of 1963 requires that employers pay men and women equally for work that is substantially the same, and other laws such as Title VII, ADA, and ADEA all prohibit discrimination in pay and other terms of employment, based on race, disability, age or other protected status. However, as long as pay decisions are being made in a non-discriminatory way and in the absence of a contract that states otherwise, an organization can assign pay rates as they see fit.

Additionally, there is no limit to the number of hours or days a Georgia employer may requires of exempt or nonexempt employees.

It is permitted under the Fair Labor Standards Act (FLSA) for an employer to deduct time from an exempt employee’s paid sick leave or other paid time off balance for absences.

If the employee is absent for one or more full days after all paid time off benefits have been exhausted, you may deduct from the his or her pay only in the following situations: for absences of one or more full days for personal reasons other than illness or disability or absences due to illness or disability if the deduction is made in accordance with a bona fide sick or disability plan; to offset amounts paid for jury duty or military pay; for unpaid suspensions imposed for infractions of major safety rules or workplace conduct rules; for absences during the first & last weeks of work; & for leave taken under the Family and Medical Leave Act (FMLA).

Note that except in the case of FMLA, no deductions are to be made for partial day absences, even if the reason for the absence falls under one of the categories above.