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 not required to provide paid or unpaid vacation, and those that do choose to provide this benefit may establish their own policies regarding how and when time is earned, when it may be used, eligibility requirements, etc. It is permitted to offer different vacation plans to different groups of employees, such as exempt and nonexempt employees. It is also acceptable for an employer to require a minimum length of employment or number of hours worked per week in order to be eligible for vacation.

If your policy states that a percentage of an hour will be earned for every hour worked, it would follow that all hours worked would earn at the same rate, even if the employee’s total hours for the week exceed 40. However, if you do not wish to let vacation time accrue on overtime hours worked, you certainly do not have to. Just be sure that the written policy clearly explains your intent, as you will be required to adhere to your own policy.

The Family and Medical Leave Act (FMLA) allows qualified employees to take time off to care for a spouse, parent, or child who has a serious medical condition. Other family members are not covered under FMLA regulations, nor are any individuals who are not family members.

Several states, including California, Maine, & Washington, have regulations that expand FMLA by either lowering the minimum number of employees &/or adding to the definition of “family member”. For more specific information, please repost with your state.

In addition to federal and state leave laws, some employers have enacted policies that allow employees to take a leave of absence for personal or family reasons. If the employer has established such policies, then they must adhere to their own policies.

With less than 50 employees, federal law does not require you to provide any specific amount of time for pregnancy and childbirth leave. You are required to treat a woman temporarily disabled by pregnancy the same as you would treat any other employee who is temporarily disabled. If you allow other employees to take time off for non-pregnancy related conditions, then you must allow the same for pregnant women. If you do not provide sick or disability leave for other temporary disabilities, you are not required to do so for pregnancy.

You are not required to pay for sick, disability, or pregnancy leave if you choose to provide it. However, if you do provide paid leave for other temporary disabilities, you must do the same for pregnancy.

Note that there are some state-specific maternity leave laws, so be sure to check with your state Department of Labor or repost here with your state for more specific information.

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.