Is There a Limit to the Number of Hours That Can Be Worked by Salaried Employees?
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Labor laws in the United states of america give employers ample breadth regarding scheduling. Employers essentially can accept employees work any number of hours, including 80 hours per week or more, and employees' only recourse if they do not similar their schedule is to find other employment. Although labor laws regarding hours apply differently to employees who earn salaries rather than hourly wages, employers' scheduling authority is the same in either case.
Basics
Federal labor law, specifically the Fair Labor Standards Human action, does not regulate the number of hours an employer can require whatsoever employee to work. Laws require time-and-a-one-half pay for many employees who work overtime, defined as more than 40 hours during any given workweek. Federal laws include no requirements to pay overtime for working nighttime, weekend or holiday hours. A few states, including California, add overtime laws for employees who have to work more than a sure number of hours on a given day.
Read More than: Required Hours for a Bacon Worker
Salaries
Employees whose pay is a salary rather than an hourly wage might not have a right to overtime pay no matter how many extra hours they work per day or calendar week. In other words, employers could require these employees to work 80 or more hours a week and all the same owe them only their regular salary. Federal regulations provide employers with exemptions from overtime pay laws for many salaried employees. The exemption applies if an employee makes at least $455 a week in salary every bit of 2011 and works in an executive, administrative, professional, outside sales or estimator-related job as stipulated in federal regulations.
Considerations
Employers might exist more probable to schedule salaried employees than hourly employees for 80-hour weeks. Salaried employees who work that many hours would have a legal right simply to their agreed-upon bacon, while hourly employees would accept a correct to ane.v times their usual wage for the terminal 40 hours. The expectation is that salaried employees volition piece of work every bit many hours as they need to complete their assignments. On the flip side, they tin can go out piece of work early or show up late equally they choose and still receive their full salary. Employers tin can reduce their salary only if they miss an entire week of piece of work or miss a total day for personal reasons aside from inability or disease.
Clarification
For salaried employees who make less than $455 a week -- based on 2011 regulations -- or exercise not run into federal criteria for exempt job duties, employers must pay overtime any time those employees piece of work more than twoscore hours a week. Employers calculate a salaried employee'due south overtime rate by taking his weekly salary and dividing by the number of hours -- virtually likely 40 -- in the employee'southward standard piece of work week, and then multiplying past one.5. If an employee makes $400 a week in salary and his typical schedule is 40 hours, his standard hourly rate is $ten. If he has to piece of work 80 hours, he would receive $15 an hr for the last forty hours -- or an extra $600 in his paycheck.
Source: https://legalbeagle.com/13658524-is-it-legal-to-have-someone-work-more-than-80-hours-when-he-is-on-salary.html
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