Employers can require exempt employees to work a specific schedule. However, employers must remain in compliance with the FLSA.
In many cases, employers can require exempt employees to work a specific schedule or at least 40 hours a week. However, an employer must remain in compliance with the Fair Labor Standards Act (FLSA). A key component for employers is that exempt employees should be paid their salary, without a reduction for quality or quantity of work.
A reduction of an exempt employee’s weekly salary may violate the FLSA. However, there may be exceptions, including full-day salary reductions (as long as no work is performed) for the following:
- Personal leave.
- An exempt employee’s first or last week of employment.
- Sick leave if an employee has exhausted or is not eligible for an employer’s bona fide paid leave plan.
- Disciplinary suspension for violating workplace conduct rules or major safety rules.
It should be noted that exempt employees who work more than 40 hours a week may be required to follow a specific schedule, such as being available for other team members and to achieve an organization’s goals and objectives.
To avoid potential FLSA violations, employers must ensure that employees are classified appropriately as either exempt or nonexempt.
Stuart J. Oberman, Esq.
Stuart J. Oberman is the founder and President of Oberman Law Firm. Mr. Oberman graduated from Urbana University and received his law degree from John Marshall Law School. Mr. Oberman has been practicing law for over 30 years, and before going into private practice, Mr. Oberman was in-house counsel for a Fortune 500 Company.
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