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Employment Law/Mandatory schedules for salary employees


Can a company mandate a salary employee to work 10 hours a day, be on call after hours, and still show on your time card 8 hours worked per shift? When I log in to see my hours they do not reflect the hours I worked each day, they are set at 8 no matter how many hours I worked in a day or week! Please help.

Most companies just use 8 hours for salaried employees. The exempt salaired employee is not paid by the hour so hours are not actually for payment. The exempt salaried employee is paid an annual wage which is broken down into several pay periods throughout the year. The wages for the salaried exempt employee is per year not per hour.

If the employee is non exempt and is paid per the hour than the correct hours should be reflected on the timecard.


There are many exemptions which qualify an employee to be an exempt employee. With the introduction of the Fair Pay Act these qualifications are stricter. Many employees are misclassified as exempt when they should be non exempt. These pertain to such employees as the working supervisor or blue collar workers such as carpenters and electricians. If all the contions for the exemption is not met the employee should not be classified as exempt. If the person is classified as exempt they are exempt from the payroll laws which provide for Overtime Pay.

The government does not set schedules, nor does it say how many hours is full time or part time. This is a company function and it is not a governmental regulation. The government does not regulate schedules of any kind. The government rules and payroll laws regulates whether the employee is exempt or non exempt. It than regulates the non exempt employees on Overtime and wages paid.

You might wish to check out the link above which outlines exempt and non exempt employee rights. If you are misclassified than you need to contact your local department of labor and let them know that you are misclassified, should be receiving overtime as a non exempt employee and are not receiving earned overtime. They will investigate and if you are misclassified your employee will have to reclassify you as hourly and pay you overtime on a 40 hour workweek.

Read the next to the last paragraph it states

"An exempt employee has virtually "no rights at all" under the FLSA overtime rules. About all an exempt employee is entitled to under the FLSA is to receive the full amount of the base salary in any work period during which s/he performs any work (less any permissible deductions). Nothing in the FLSA prohibits an employer from requiring exempt employees to "punch a clock," or work a particular schedule, or "make up" time lost due to absences. Nor does the FLSA limit the amount of work time anemployer may require or expect from any employee, on any
schedule. ("Mandatory overtime" is not restricted by the FLSA.)


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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