Tag: exempt employee

Question: One of our part-time employees fell asleep during his shift. Can we pay him for only the time he worked (not the time he was sleeping), or do we need to pay him for the entire shift? Answer: Employers are not required to pay an hourly nonexempt employee for any hours in which the employee did…

Question: If a holiday falls during the week of an employee’s leave (either vacation or unpaid leave of absence), how does a company pay salaried (exempt) and hourly (nonexempt) employees that week? Does a part time employee get paid for a holiday? Answer: The answers to your questions are ultimately determined by company policy due to the…

Question: Can we pay an exempt employee additional compensation on an hourly basis for performing extra non-exempt employee work outside of his/her normal exempt job duties without jeopardizing the exemption status? Answer: Yes. Paying additional compensation to an exempt employee for extra work without jeopardizing the salary requirement is permissible under the rules for exemptions of the…

Question: What responsibility does an employer have, if any, for salaried employees who work overtime for a big project with respect to additional compensation? Answer: We are assuming that by “salaried” workers you mean that these employees are “exempt” from overtime pay as defined by the Fair Labor Standards Act (FLSA).  If you are not sure whether…

Question: We are hiring an employee into a job that we would typically hire as a contractor, with a defined start and ending date. But this time we would like to hire him as an exempt employee on our payroll. Is that OK? Answer: As long as you are following all of the rules under the…

Question: Does it matter if you are exempt or nonexempt regarding paid FMLA leave? Answer:  Under FMLA, when a nonexempt employee takes time off for an FMLA qualified reason, employers may dock the nonexempt employee for any time not worked because of FMLA. This follows the regular employer practices under the Fair Labor Standards Act…

Question:  We have an exempt employee who worked for only one hour and did not come back to work from a doctor’s appointment.  This employee does not have any accrued leave time available.  Do we have to pay this employee for the full day? Answer: Under the Fair Labor Standards Act’s salary basis test, an…

Question: Can a Massachusetts employer substitute accrued time off for an exempt employee’s partial day absence? Answer: The Massachusetts statutes appear to be silent on allowing employers to substitute vacation or PTO in an exempt employee’s pay for a partial day absence, and the regulations provided no guidance. In the absence of state rules, the…

Question:   Our handbook states you must work your first scheduled day before AND after the holiday to receive holiday pay.  However, what if the employee is scheduled to work the holiday and then calls out on the holiday?  Do we still need to pay them holiday pay even though they called out? Answer: There is…