Human Resource Blog

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.

The answer to your question will depend on the state in which you work. Federal law does not require employers to provide any breaks, although FLSA regulations do require certain breaks to be paid, if offered.

There are several states that do mandate meal and/or rest breaks. While the majority of these states do not specify the exact timing of when these breaks must occur, they do stipulate that as much as is practicable, each break should occur in the middle of the given work period. On the other hand, in Washington, employees may not be allowed to work more than three hours without a break.

This site is intended primarily to answer employer or HR professional questions about federal or state labor laws. For more specific information about your employment needs, please refer to our sister site www.LaborLawTalk.com and mention your state.

Employers are free to set the work schedules for their exempt and nonexempt employees as they see fit, so if your employers has scheduled you for 10 ½ hour days, you will need to comply.

The Fair Labor Standards Act (FLSA) does require that nonexempt employees be paid overtime for any hours worked over 40 in one workweek, but exempt employees are not eligible for overtime pay, regardless of the number of hours or days they work.

In involuntary terminations, final wages are generally due and payable immediately unless the payroll department is not in operation on that day. In that case, the final wages must be paid within six hours of the start of that department’s next regular workday.

If the payroll or other accounting department responsible for issuing paychecks is located off-site, the final wages must be delivered to the employee within twenty-four hours of the start of that department’s next regular workday. Sending the final wages to the worksite, the company’s local office, or via mail to the employee’s home are all acceptable methods of delivery.