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Employment Law/Salaried employees and minimum hours per day/wk.

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Question
We are a mid-size firm with about 10-15 salaried employees. No hourly workers at the moment. Some of our staff are interested in flex time, is that possible with their exempt status? how do we structure it? The owners are wondering if if it impacts the employees' exempt status to request that they work a minimum number of hours per day (totaling 40/wk) & what impact, if any, if we don't have formal flex time but allow the staff to make-up  hours,  is this by default a change to their exempt status and an hourly employee type arrangement?

Thank you in advance for your expertise.

Answer
Flex and comp time only becomes a FLSA issue with an exempt status if the time affects the exempt person's wages. An employer can require any schedule they want of an exempt person and offer the benefit of flex or comp time, but the employer cannot reduce the wages of an exempt person if that person works less or more than the hours scheduled. For example, if an exempt employee's weekly salary is $500, the employee is scheduled for 45 hours a week, but in one given week, the employee only works 35 hours, the employer must still pay the employee the $500 salary. Of course, the employer can require that the employee use paid time off, such as vacation time to "make up" for the 10 hours, or flex the time in the next week, if job responsibilities need to be completed. However, the same wages must apply.

Shannon M. Reising, MSP, PHR

Employment Law

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Shannon M. Reising, MSP, PHR

Expertise

FLSA, FMLA, Title VII, EEOC, AAP, ADAA, Workers Compensation, Payroll, HR Development and Training, Industrial/Organizational Psychology. My approach is from a scientific-practitioner perspective. Rather than basing ideology on pure white-paper study, I answer with a baseline of critical thinking seated in my position as an HR professional. I understand both the psychological underpinnings of both employers and employees, and how the law may be interpreted and applied in countless situations.

Experience

Over 10 years in HR of both non-profit and for-profit organizations ranging in size of population from 20-500 .

Organizations
Notary Public, HR Certification Institute, Society of Human Resources Management, NC Coastal Society of Human Resources Management, American Psychological Association

Education/Credentials
BSBA, MSP, Current Doctoral candidate in I/O Psychology, PHR accredited

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