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Salaried Employees

Salaried Employees | HRMantra

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How does salary payment work?

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.

What does ""exempt employee"" mean?

According to the Fair Labor Standards Act (FLSA), an exempt employee must:

  • Must be paid at least $23,600 per year ($455 per week)
  • will be paid on salary basis
  • Perform exempt job duties

» Learn more:  What is an exempt employee?

Salaried vs. Hourly: What's the Difference?

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.

Do salaried employees have to be on time?

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.

What are the labor laws for salaried employees?

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.

How many hours does the average person work?

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 .

How many hours can a salaried employee be forced to work?

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.

Do salaried employees get paid even when they don't work?

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.

Is it legal to work 60 hours a week for a salary?

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.

Do salaried employees get overtime?

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.

Can salaried employees be forced to work weekends?

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.

Can you deduct a salaried employee's pay?

Employers  can make the following deductions from the salary of a salaried employee  :

  • Personal absence:  Absence may be due to any reason related to the personal needs of the employee, including family needs, leave, etc.
  • Absence due to illness or disability:  Sick-day policies vary by employer and deductions may be made in advance or after sick leave is exhausted.
  • Accrued Leave:  If an employer provides sick/vacation/personal leave, he or she can deduct the accrued leave.
  • Safety violations:  An employer can deduct work for things like smoking in a prohibited area, playing with safety equipment, or ignoring procedures.
  • Disciplinary Suspensions:  Employers may impose reductions for written rule policy violations that are not related to performance or attendance.

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