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It depends on how you are set up as far as rules for everyone in the company. Many exempt employees are hired to get the job done, and the hours are not really a critical piece of the puzzle. Most exempt positions have a certain latitude of the hours put in, since many time these people work extra hours at no pay. Their pay remains constant.
If the employee only put in 30 hours and the rules are for their presence of 40, then they need to use some of the vacation and sick time toward the 40.
Last paragraph is wrong. If the employee worked some of every workday, then employee gets full pay for the week. If exempt employee missed a day, he/she gets paid or unpaid for the day according to employer's rules. Might be denied sick leave or vacation and given unpaid LOA.
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If you are a salaried non-exempt employee can your employer deduct partial days from your pay?
AnswerA non-exempt employee is an hourly paid employee. Therefore, he is paid according to the time he works; no more, no less. An exempt employee is a salaried employee who gets paid the same amount regardless of how much he might go over 40 hours in a week. As for if the exempt employee gets paid for taking off half a day, it depends on the wage and hour laws of the state. ************The information stated above is correct, however, it does not answer the specific question being asked. The above question is asking about a SALARIED NON-EXEMPT employee and not a SALARIED EXEMPT employee. There is a difference.Dealing only with non-exempt employees, yes, generally a non-exempt employee is an hourly paid employee who is paid for the actual hours they work. There can also be SALARIED FOR FIXED HOURS non-exempt employees and SALARIED FOR PARTIAL HOURS non-exempt employees. These positions are paid a set amount per week, with anything over 40 hours being paid time and a half. e.g. If they work 35 hours in a week they still get the full salary amount. If they work 42 hours in a week they get the full salary amount plus two hours overtime. The Department of Labor has a lot of information on these positions.If you are a salaried non-exempt employee, I do not believe your employer can deduct for partial days worked. If you miss work because of sickness, leave of absence or can't make it in, then a full day deduction may apply.
I am on salary but work 45 hours a week should you get paid overtime?
Per Federal Law, you need to understand the definitions used for pay. Non-exempt is usually an hourly employee and Exempt is usually a salaried employee. Some salaried employees are non-exept. Their salary is based on a 40 hour or pre-determined number of hours a week. If they work more than their determined number of hours per week, they get overtime pay. Exempt employees are exempt from the overtime laws. You are paid a salary per pay period no matter how many hours over 40 you work. You can work 40 hours or 90 hours and you will get the same pay either way. Non-exempt employees are not exempted from the overtime laws. If a non-exempt employee works more than 40 hours per week, they are required to receive overtime pay. One thing to remember is that overtime is only used for hours actually worked in excess of 40 hours per week. If you get 2 day of holiday pay (Christmas usually), those 16 hours of pay do not count for overtime purposes. You would have to work more than 40 hours in the days that you did not have off.
is their a technical way to legally avoid paying an employee overtime pay when an employee works fifty hours in one week?
Yes if the employee is salaried then the company does not have to pay overtime, only comp time.
How is overtime pay calculated?
Example: Employee works a total of 55 hours during the week. The employee had 40 hours of "Regular Time" (sometimes called "straight-time") and 15 hours of "Overtime."
In PA can an employer require employee's to work over 8 hours to fulfill overtime requirements even when an employee has off a day during that given week and therefore not pay them overtime pay?
Employers owe non-FLSA-exempt employees overtime for WORK in excess of 40 hours in a week, not 8 hours in a day.
How is overtime pay usually calculated?
Example: Employee works a total of 55 hours during the week. The employee had 40 hours of "Regular Time" (sometimes called "straight-time") and 15 hours of "Overtime."
Can a part time non-exempt employee working 24 hours per week be asked to work 30 hours per week without additional pay?
Yes, the employee can definitely be asked. He then has three basic options in response: Comply, negotiate, or walk.
When an employee works beyond the regularly scheduled time the additional rate allowed for the extra hours worked is the Bonus?
If an employee works more than regularly scheduled, whether the employer approves or not, the worker is paid for all hours worked. If an employee works more than 40 hours in a workweek, he/she gets overtime pay for the excess hours. Employees who violate assigned work schedules get disciplined.
Are salary employees guaranteed their 40 hrs whether they work 30 or 80?
A salaried employee gets paid a fixed amount regardless of the number of hours worked. Such an employee is termed as "exempt" meaning they are exempt from laws that require overtime pay. Being salaried can be positive in that the base pay is typically higher that what an hourly worker would make but the downside is the potential for many long hours beyond 40. There are always tradeoffs.
Does an employer have to pay time-and-one-half pay when an employee works in excess of 40 hours in a week or eight hours in a day?
Labor laws vary between one country and another.
Employer breaks up overtime pay by giving extra hours of regular pay and preimum pay then same amount of extra hours with half my pay rate but then counts half time pay as hours worked?
No. An employer can not pay an employee half time unless the following requirements are met: 1. the employee's hours must fluctuate from week to week;2. the employee must be salaried and be paid the same each week regardless of the number of hours that the employee works during the week;3. the fixed amount must be sufficient to provide compensation at a regular rate not less than the legal minimum wage.4. the employer and the employee must have a clear, mutual understanding that the employer will pay the employee the fixed weekly salary regardless of the hours worked; and5. the employee must receive a fifty percent overtime premium in addition to the fixed weekly salary for all hours that the employee works in excess of forty during that week. If the employers often do not follow all of the requirements of this method and their employees are still owed time and one-half for all hours worked over 40 hours.
When is an employee entitled to overtime compensation for work hours over 8 hour per day?
This is subject to laws in which the employee works. Federally, there is no law requiring an employer to pay overtime for work of more than 8 hours a day. Under California state law, an hourly (non-exempt) employee is entitled to time and a half if they work more than 8 hours in a day, and double time for hours worked in excess of 12.
