Copyright 2021 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. When it comes to determining how many hours over the standard work week, if any, a salaried person should have to work, the amount of time required to satisfactorily complete the job should be a primary determining factor. As a general rule the FLSA requires employers to pay their employees for time actually worked. You can say no. The minimum wage increases every year on January 1. Employers typically want non-exempt employees to work 40 hours per week or less. To that extent, the employee technically spent pre-shift time performing work-related duties and activities. In most cases, particularly in office jobs, salaried employees are expected to work 40 hours a week, though there may be weeks when the job requires more time. Exempt positions can be executive, administrative or professional in nature. For example, a weekly salary of $500 might cover 35 or 40 hours per week. Unfortunately, unless you are scheduled for more hours, that is all the employer must pay you for hours … The law requires employers to pay nonexempt employees at least the federal minimum wage and requires the payment of overtime for an employee who works more than 40 hours in a week. Want High Quality, Transparent, and Affordable Legal Services? However, recent case law has held the opposite - there's no minimum amount of time you can schedule your employees to work, as reporting time pay only deals with the situation where you send your employees home early. The employer is required to pay a base hourly wage of $2.13 an hour. Any employees who eat at their desks are legally and technically working through their lunch. On Tuesday, the U.S. Department of Labor issued its final rule concerning overtime exemptions. A reduction is allowed only in specific situations, such as when an employee takes time off for personal reasons. For employees working a full-time job at 40 hours per week, the minimum salary should be no less than $480.00 per week, or $24,960 per year. For calculation purposes, a salaried employee is determined to work 2080 hours a year (52 weeks times 40 hours a week). The order instructs the Office of Personnel Management to develop recommendations to agencies that would ensure as many employees as possible get a $15 per hour minimum wage. Multi-Year Minimum Wage Chart Minimum Wage Q & A. A: Tipped employees must be paid at least the minimum wage. They can simply take your current salary, do the math to get an hourly rate for 40 hours a week, and make that your hourly wage. If you report to work and are sent home, or work anything up to two hours, you must be paid at least that. A salaried nonexempt employee does not meet the requirements for exempt status under the FLSA and must receive overtime pay for work hours over 40 for the week. Minimum Wage Calculator. The federal minimum wage is poised to get its first update in more than a decade. Training periods are also considered work time. I think the flexibility is fantastic. Eligibility for exempt status is based on actual job activities, not job titles. This encompasses “on the clock” time that comes as part of an employee’s normal work day, as well as any additional “off the clock” time that an employee spends performing relevant job-related duties that benefit an employer in any way. That may also include any activities an employee performs on the way home that benefit the employer in any way. Any and all training time is legally considered work time should it occur during a business’s normal hours of operation, especially if the training is required by the employer as a condition of employment. Adkins holds master's degrees in history and sociology from Georgia State University. They are top lawyers who have worked with the largest companies in the country and are standing by to assist with your legal and business needs. Section 13(a)(1) of the FLSA allows employers to pay some employees a salary without meeting minimum wage or overtime requirements. In fact, it usually has the opposite effect — longer hours open the door for quality issues, safety liabilities, fatigue, and lower morale among teammates and employees. Typically, the employer does not need to count the employee’s time showing up for work as hours worked. Federal Laws about Hours Worked If you are paid a salary rather than an hourly wage, you must work the number of hours agreed upon in your employment contract to receive your salary. For example, if the employee is expected to work 36 hours but works 38 hours one week, the employer does not have to pay extra under the FLSA. Overtime Guidelines by the Fair Labor Standards Act (FLSA) on Exempt vs. Non-Exempt, The Labor Laws on Exempt Employees Who are Required to Work Over 40 Hours a Week, U.S. Department of Labor: Factsheet #17A: Exemption for Executive, Administrative, Professional, Computer & Outside Sales Employees under the Fair Labor Standards Act (FSLA), U.S. Department of Labor: Salary Basis Requirement and the Part 541 Exemption under the Fair Labor Standards Act (FLSA), Payroll-Taxes.com: Calculating Salaries for Non-Exempt Employees. If you work more than 40 hours in a week you'll get overtime pay. However, some state laws do require extra pay. While 40 hours per week is considered the standard, many employment contracts differ … The content of the notice is prescribed by the Wage and Hour Division of the Department of Labor. It happens outside of an employee's usual work schedule. The minimum requirement for, what is referred to as reporting-time pay, is two hours. Employees must be paid at least $684 a week ($35,568 annualized) to remain exempt from overtime pay under the FLSA, but the minimum salary may be higher under state law. Overtime pay at one and one-half times a regular hourly rate is required even when an employee is paid a salary. Attending a required meeting is counted as hours worked because during that time you are subject to the control of the employer. There may be some instances where an employee arrives to work, as directed by the employer, only to be sent home before any work is performed. “Work time” constitutes any and all time an employee spends performing duties and activities related to completion of the job. I’m a salaried employee who is required to work minimum 10hrs a day 50 hrs week or more based on business needs. To determine whether the fee payment meets the minimum salary level requirement, the test is to consider the time worked on the job and determine whether the payment is at a rate that would amount to at least $684* per week if the employee worked 40 hours. This works out to $15 per hour. These occupations frequently require more than 40 hours a week in crisis situations. This is usually true even when the commute to work is longer than an average commute or is something of a burden to employees. Non-exempt employees may be paid a salary, but are also paid overtime when they work more than 40 hours in a week. Any time an employee spends performing work-related duties, such as cleaning equipment or closing a shop in preparation for the next day’s work, is counted as work time and may also be classified as post-shift time. Was this document helpful? Employers typically want non-exempt employees to work 40 hours per week or less. If the employee is not compensated at a rate equal to the minimum wage after adding any tips he/she received to the base hourly wage of $2.13 an hour, the employer must pay the employee the difference. This means that many high-paying positions do not receive extra wages, such as time and one-half for working more than 40 hours a week. While 40 hours per week is the norm for salaried employees, workers who earn an annual wage that isn’t dictated by the time they spend in the office should use their best judgment and work as much as they need to in order to submit high-quality work in a timely fashion. Employers may ask an exempt employee to work as many hours as the job requires with no additional compensation, even when a work week exceeds 40 hours. Seattle's Minimum Wage Ordinance went into effect on April 1, 2015. An exempt employee’s salary must equal at least $455 per week, as of the time of publication. The rate has been at $7.25 since 2009. “How many hours is a salaried employee required to work?” is one of the common questions an employee who has been offered their first salaried position may ask.4 min read. Read More: The Labor Laws on Exempt Employees Who are Required to Work Over 40 Hours a Week. Again, some state laws don’t allow this practice. President Biden on Friday is set to take steps to lay the groundwork to increase the minimum wage for federal employees and contractors to $15 per hour… Some workers, however, may arrive at their jobs early and can start work prior to their official starting time of their scheduled shifts. The employee may want to work only 35 hours a week. Training time doesn’t have to be counted as work time in all situations. However, on January 1, 2021, the rate will increase to 2.75 times the $13.69 per hour state minimum wage: $37.6475. This rule also applies to firefighters, employees working directly with convicted criminals or who provide emergency services such as dealing with hazardous spills or medical rescue. Employees also have an option to stay on the job after their scheduled shifts have ended. Under the FLSA employers can reduce the salary of non-exempt employees when they work less than the expected number of hours. A fourth condition exists, where the employee performs no other work during their training period. The FLSA typically requires any and all travel time to be considered work time. The FLSA, or the Fair Labor Standards Act, defines overtime as “time actually worked beyond a prescribed threshold.” The FLSA also defines a “work period” as the “work week,” or seven consecutive days, and their normal overtime threshold is the standard 40 hours per week. As a non-exempt employee, salaried employees who work over the maximum number of hours should be … “How many hours is a salaried employee required to work?” is one of the most common questions an employee who has been offered their first salaried position may ask. Every employer of employees subject to the Fair Labor Standards Act's minimum wage provisions must post, and keep posted, a notice explaining the Act in a conspicuous place in all of their establishments so as to permit employees to readily read it. He became a member of the Society of Professional Journalists in 2009. In the eyes of the law, a true meal period requires the employee to disconnect from work-related duties entirely. The hours a salaried employee should work depends in part on whether she is considered exempt or non-exempt with regard to the minimum wage and overtime provisions of the Fair Labor Standards Act. Share it with your network! This is also true if and when an employee is relieved from any requirements of duty during their meal periods. Hire the top business lawyers and save up to 60% on legal fees. No need to spend hours finding a lawyer, post a job and get custom quotes from experienced lawyers instantly. The minimum wage shall be adjusted on a yearly basis through 2023 according to the pre-set schedule shown above. If in the latter half of 2020 a computer employee worked for an employer with 51 or more employees, the pay rate was 2.75 times the then-applicable $13.50 per hour minimum wage: $37.125 per hour. FLSA rules require employers to convert the salary to an equivalent hourly rate to calculate overtime pay. 4  What If You Don't Pay Salaried and Hourly Employees Correctly In this case, salary is contingent upon the employee working a set number of hours for the week or pay period. 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