Can you work more than 40 hours a week and not get overtime?

Can you work more than 40 hours a week and not get overtime?

Employers do not need to pay overtime to certain higher paid salaried workers—called “exempt” workers. However, most workers in California are entitled to overtime pay if they work more than 8 hours in a day, over 40 hours in a week, and/or 7 days in a row.

Can a salary exempt employee work every week?

But there must be some part of the employee’s salary that is guaranteed every week in which they work at all. However, if the employee is paid by the hour, and earns a different amount of money depending on how many hours they work, they are probably not exempt.

When is an exempt employee not entitled to overtime?

If the exempt employee works 60 hours per week, he or she is not entitled to overtime. However, if the exempt employee works 20 or 30 hours per week, he or she must still be paid the full weekly salary.

What are the exempt employees salary reduction regulations?

Exempt Employees Salary Reduction Regulations. Under the federal Fair Labor Standards Act Fair Labor Standards Act, or FLSA, employers must pay an exempt employee his or her full weekly wage, regardless of how many or how few hours the employee works per week. If the exempt employee works 60 hours per week, he or she is not entitled to overtime.

Do you track the hours worked for your exempt employees?

Some employers opt to track exempt employees’ hours simply to ensure the equitable treatment of all employees regardless of classification in the company. With a few exceptions, exempt employees must receive their full salary for any week in which they perform work without regard to the number of days or hours worked.

How many hours does an exempt employee work?

Most employers expect their exempt employees to work the number of hours necessary to get their jobs done. It doesn’t matter if that takes more or fewer than 40 hours per week. Even if your exempt employee works 70 hours in a week, you are still only required to pay them their standard base salary.

When do you have to pay salary exempt employees?

So even if the employee performs less work than normal, you must still pay them their full salary, as long as the reason for the reduction in work is under the employer’s control. For example, if you simply have no work for the employee to do because business is slow, you still have to pay the entire base salary.

Can a employer require a salaried employee to work a minimum 40 hours?

The lawyer clarified that this is the tradeoff an employer makes for paying a salary rather than an hourly wage. Because if the employer can impose a minimum of 40 hours, then a salary is never advantageous over an hourly wage for a worker.

Can a company pay an exempt employee past overtime?

However, if an employer requires an employee to track their hours, accounting might start to view an exempt employee as hourly. If that occurs, an employer would be subject to pay past overtime to that employee. I’m An Exempt Employee, But My Pay Fluctuates With The Hours Worked. Is That Legal?