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BOLI : Salaried Exempt Employees The White Collar Exemptions : For Employers : State of Oregon

Labor Laws Involving Salary vs. Hourly Employees

Subject to exceptions listed below, an exempt employee must receive the full salary for any week in which the employee performs any work, regardless of the number of days or hours worked. Exempt employees do not need to be paid for any workweek in which they perform no work. That said, the regulations do not prohibit prospective changes to exempt employees’ salaries .

Labor Laws Involving Salary vs. Hourly Employees

As odd as it seems, it is possible for an employee to take a pay cut when they are promoted to a salaried position that is exempt from overtime. A non-exempt employee is not exempt from FLSA regulations, rules and requirements. Non-exempt employees need to receive the state or federal minimum wage and overtime pay at not less than one-and-a-half times their hourly pay in the event that they work more than 40 hours a week. The Fair Labor Standards Act establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009.

What is an Hourly Employee?

Under Pennsylvania law, an employer must pay for travel time if an employee is required to report to the employer's establishment to clock in, load up, etc. If an employee leaves directly from home to the job Labor Laws Involving Salary vs. Hourly Employees site or vice versa it is not paid time. Yes, as long as you are given prior notice of the change the payday before the time the change takes effect and the rate of pay does not fall below the minimum wage.

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Click here for complete details on Pennsylvania's new minimum wage requirements. Once an employee is classified as exempt or non-exempt, there are a few ways the employee can be reclassified. But an employer cannot simply change an employee’s status on a whim. If the employee is not getting a new job title, the employer must show why the primary duties of the job have changed. Employers choosing to reclassify an employee must do so with the intention that the change is long term.


COVID-19’s economic consequences have many employers confronting the possibility of reclassification. Employers are experiencing an impact on their businesses as a result of the COVID-19 pandemic.

Bookkeepers, "gal Fridays," and most employees who operate machines are not administratively exempt. As a general rule, salaried employees are not eligible for overtime, but your business can include this provision in a team member’s contract if they meet certain requirements. The biggest changes to come with the FLSA were 1) the federal minimum wage, and 2) the maximum number of hours employers could require their employees to work each week. A salaried https://online-accounting.net/ employee is paid based on an annual amount, called a salary.A salary is a regular predetermined amount of pay an employee receives each payday, not determined by the quality or quantity of the employee's work. This decline in percentage of hourly workers reflects the drastic effects of the COVID-19 pandemic. Many of the companies that were affected by shutdowns paid employees on an hourly basis, such as retail stores, restaurants and museums.

How Does a Salary Work?

This usually means that the base pay of a salary basis employee may not be reduced if s/he performs less work than normal, if the reason for that is determined by the employer. For example, a salary basis pay employee's base pay may not be reduced if there is "no work" to be performed , and a salary basis employee's base pay may not be reduced for partial day absences. However, employers may "dock" the base pay of salary basis employees in full day increments, for disciplinary suspensions, or for personal leave, or for sickness under a bona fide sick leave plan . This fact sheet provides information on the salary basis requirement for the exemption from minimum wage and overtime pay provided by Section 13 of the FLSA as defined by Regulations, 29 C.F.R. Part 541. The Overtime Security Advisor helps determine which employees are exempt from the FLSA minimum wage and overtime pay requirements under the Part 541 overtime regulations. When laws change or the company goes through tough times, hourly employees often feel the impact first. It’s easier for an employer to knock off some of your hours until business improves than to eliminate an entire salaried position.

Overtime compensation is 1-1/2 times the employee's straight time rate of pay. Other employees may be overtime exempt because they may fall into one or more other exemptions. An employer can discipline an employee if he or she violates the employer's policy of working overtime without the required authorization. A group rate for piece workers is an acceptable method for computing the regular rate of pay. In using this method, the total number of pieces produced by the group is divided by the number of people in the group, with each person being paid accordingly. The regular rate for each worker is determined by dividing the pay received by the number of hours worked.

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