The federal Fair Labor Standards Act (FLSA) does not limit the number of hours in a day or days in a week any employee (salaried or hourly) may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old. Save my name, email, and website in this browser for the next time I comment. Provides general information about what constitutes compensable time under the FLSA. Doctors, dentists, pharmacists, registered nurses (but not LPNs); licensed social workers, psychologists, and other mental health professionals performing clinical work. Is there a way I can simplify my employee income verification process? else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Under federal rules, you may make deductions from exempt employees salaries for unpaid disciplinary suspensions of one or more full days imposed in good faith for serious misconduct, such as sexual harassment, workplace violence, drug or alcohol use, or for violations of state or federal laws. But that doesnt appear to be what you are proposing. Oct. 29, 1965, Pub. Federal government websites often end in .gov or .mil. But your question isnt about reducing an exempt employees salary; its about accounting for why the salary is paidi.e., for time worked or for PTO. These jobs are analytical jobs that require a special type of training and involve the use of judgment and preference. Meeting the salary threshold doesn't automatically make an employee exempt from overtime pay; the employee's job duties also must primarily involve executive, administrative or professional duties as defined by the regulations. An official website of the United States government. Small businesses power the economy. The word pay is substituted for compensation to conform to the style of title 5, United States Code. .table thead th {background-color:#f1f1f1;color:#222;} The https:// ensures that you are connecting to the official website and that any information you provide is encrypted and transmitted securely. .usa-footer .container {max-width:1440px!important;} "Minimum Length of Meal Period Required Under State Law for Adult Employees in Private Sector. .usa-footer .grid-container {padding-left: 30px!important;} .manual-search ul.usa-list li {max-width:100%;} Employers may satisfy up to 10 percent of the federal salary requirement ($68.40 per week) with nondiscretionary bonuses, incentive payments, and commissions. Nicole is a freelance writer specializing in health, mental health, and parenting issues. if(currentUrl.indexOf("/about-shrm/pages/shrm-china.aspx") > -1) { Minors who work 4+ hours Non-exempt employees 18+ who work 5+ hours : Meal break of at least 30 minutes Entitled to a reasonable period: . Labor Commissioner's Office; Overtime. Exempt employees receive the same paycheckevery pay period, regardless of how many hours they work. More information on flexible schedules. Federal law doesn't limit the amount of time an employer can require employees to remain on call, so some employers may require employees to remain on call for more than 24 hours at a time. Please log in as a SHRM member. Other laws limit working hours when safety is a primary concern, such as limits on the number of hours a truck driver may operate a vehicle. L. 95454, set out as a note under section 1101 of this title. [CDATA[/* >*/. Dont Forget to Review Duties Tests for Overtime Exemptions, Understanding Overtime Exemptions Under the FLSA. How can I help my hiring team provide a great candidate experience? This blog provides practical information on the subject matter. The words a military department are included to preserve the application of the source law. The rules take effect on Jan. 1, 2022 . How do people fit into the idea of 'emorational' decisions? Even retail sales people may find themselves on call during especially busy seasons, like Christmas or Black Friday. The words an Executive agency are substituted for the executive branch of the Government to conform to the definition in section 105. Before sharing sensitive information, make sure youre on a federal government site. However, they are at a much higher rank than those employees who perform their duties as simple clerks. In California, the general overtime provisions are that a nonexempt employee 18 years of age or older, or any minor employee 16 or 17 years of age who is not required by law to attend school and is not otherwise prohibited by law from engaging in the subject work, shall not be employed more than eight hours in any workday or more than 40 hours in any . (c). We can help! .cd-main-content p, blockquote {margin-bottom:1em;} @media (max-width: 992px){.usa-js-mobile-nav--active, .usa-mobile_nav-active {overflow: auto!important;}} June 29, 1966, Pub.