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Salary annual exempt employee

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Yeni asked 2 years ago
When a salary annual exempt employee works two days a week, should the employer pays for the entire week? And what if the employer only payed for the two days, what can the employee do?

1 Answer
Riia O’Donnell replied 2 years ago
According to the Fair Labor Standards Act, exempt (salaried) employees are entitled to receive an entire week’s pay, no matter how many days of the week or hours in each day they’ve worked. If the employer did not pay fully, the employee would have the right to file a complaint with the Wage and Hour Division of the Department of Labor to receive back pay. All this is based on the assumption that the employee really is an exempt (not entitled to overtime/salaried) worker, who is classified correctly.

One exception may potentially be a business is forced to reduce hours during the COVID-19 outbreak. In that case they might try to reclassify formerly exempt employees to keep them on the payroll at least part-time during any slowdowns and stoppages. To do so, however, they would need to strictly adhere to FLSA guidelines and virtually restructure the employee’s workload and responsibilities. It’s an outside chance but might be applicable.

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