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- 27 Feb 2023Zenefits Review
A salaried or exempt employee is someone who is paid a fixed amount regardless of how many hours they work each week. Salaried employees receive a salary for 40 hours a week, even if they work fewer or more hours. They are not offered any overtime pay for working more than 40 hours per week.
The Fair Labor Standards Act (FLSA) states that to be exempt, an employee must (i) be paid on a salary basis, (ii) receive at least $23,600 per year ($455 per week), and (iii) do exempt job duties.
While working 40 hours per week is considered full-time, the salaried employee rarely works more than 45-50 hours per week unless the job is poorly designed, where they need to work 55-60 or more hours.
It is legal to work 60 hours per week on salary if an employee is exempt from the FLSA and any union, local, or state overtime laws.
According to the FLSA, employers don’t need to pay salaried employees for weekend work. Employers typically expect work to be completed well and on time. And if that necessitates an employee working on the weekend, then the employer must communicate that condition clearly, and the employee must agree upon it at the time of hire.
Yes, employers can deduct pay from a salaried employee on some accounts.
Pay Deduction: Allowable ✅ | Pay Deduction: Not Allowable 🚫 |
During the first or last week of employment | Poor job performance |
Personal day (Full-day) | Personal day (Partial-day) |
Family and Medical Leave Act (FMLA) leave (Full-day) | Holiday, full- or partial-day |
Family and Medical Leave Act (FMLA) leave (Partial-day) | Jury or witness duty or temporary military duty |
Disciplinary suspension for breaching workplace behavior standards(Full-day) | Sickness or disability without a bona fide leave plan in place, partial- or full-day absence |
Disability or sickness with a bona fide leave plan in place (Full-day) | Disciplinary suspension for breaching workplace behavior standards (Partial-day) |
Major safety violations, full- or partial-day | Business closures (emergency, weather, emergency, lack of work, etc.) partial- or full-day |
Salaried Employees | Hourly Employees |
Don’t usually maintain a timesheet | Need to keep a timesheet |
Regardless of the total hours worked, receive a fixed amount | Paid for each hour worked |
Don’t get paid for overtime | Get paid for overtime |
Exempted employees | Nonexempted employees |