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A salaried employee is someone who receives a fixed amount of pay, regardless of the number of hours they work each week. This means that a salaried employee is paid for 40 hours a week, even if they work fewer hours.
In addition, working more than 40 hours per week typically does not incur overtime pay of one and a half times.
According to the Fair Labor Standards Act (FLSA), an exempt employee must:
» Learn more: What is an exempt employee?
While a salaried employee is someone who receives a fixed amount of pay each week regardless of the hours worked, an hourly employee is an employee who is paid based on the hours he or she works. Hourly employees are usually entitled to overtime pay when applicable, while salaried employees who work more than 40 hours per week are usually not paid overtime pay.
Salaried employees are not legally required to record time worked, and most employers do not require it. This is because salaried employers often offer greater trust and accountability than employees paid by the hour. In addition, many salaried employees work odd and sporadic hours while commuting to work, home, and traveling for business, so recording time on and off the job can be cumbersome.
The U.S. Department of Labor ""administers and enforces more than 180 federal laws"" that ""cover a range of workplace activities"" and the Fair Labor Standards Act (FLSA) covers ""overtime, minimum wage, child labor protection, and the Equal Pay Act"" for salaried employees.
The Bureau of Labor Statistics reports that nearly 9 million American workers across all industries work 60 or more hours per week. However, the average salaried employee typically works no more than 45 to 50 hours per week .
Some employers may expect their salaried employees to work only as many hours as necessary to do the job well, but exempt salaried employees typically have contracts to work 40 to 50 hours per week. Additionally, their pay cannot be reduced by their employer if they work less than 40 hours per week, or the employee may be considered non-exempt and entitled to overtime compensation if they work more than 40 hours a week.
Generally, if a salaried exempt employee does not work a particular week , that employee does not have to be paid for that week. However, when taking a partial day off, salaried exempt employees must receive pay for the full day. Additionally, if the employee takes personal time off (not for illness or disability), that time can be deducted from the employee's allotted vacation/personal time.
Employers may make deductions from an exempt employee's pay in certain cases. For example, pay may be deducted during the first and last week of employment if the employee does not work the entire week.
If an employee is exempt from the FLSA and any state, local or federal overtime laws, it is legal to work 60 hours per week for pay. Some employers pay exempt employees for overtime work through time-and-a-half, bonuses or extra time off.
Most salaried employees are not paid overtime pay, no matter how many hours they work per week. A salaried employee may refuse to work overtime, but this may be a violation of the terms of employment and the employer may fire the employee for refusing.
The FLSA does not require salaried employees to be paid for weekend work. Employers generally expect work to be completed well and on time, and if this requires an employee to work on the weekend, that condition should be clearly communicated and agreed upon between the employer and employee at the time of hiring.
Employers can make the following deductions from the salary of a salaried employee :
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