Salary and working PT

[BearryHappy]

What is the name of your state? Virginia

Is it possible to be hired as a PT worker and be required to be a salary worker?

In other words, you work 30 hours a week, but as a salaried employee you are expected to work a little more during the week/weekend.

Thanks!
BearryHappy

 

[Beth3]

I assume you mean that you are an exempt employee. Yes, if the job qualifies it's perfectly legal to be both part-time and exempt. All the same rules still apply and just as a full-time exempt employee, a part-time exempt employee can be expected/required to work more than their customary work schedule when necessary and for no additional pay.

 

[BearryHappy]

I'm not sure what you mean by "exempt". Could you clarify a bit?

Thanks!

 

[Beth3]

It's a term from the Fair Labor Standards Act.

Jobs are either "exempt" or "non-exempt." Exempt literally means exempt from overtime pay. Managerial jobs, for example, are almost always exempt. An employer never need pay an exempt employee more than their fixed weekly salary, regardless of how many hours they work. The incumbents in exempt jobs are customarily paid on a salaried basis. It's not required by law however.

The FLSA defines which categories of jobs meet the criteria for exempt status. All other jobs are, by default, non-exempt and the incumbents must be paid time and a-half for all hours worked over 40 in each 7-day payroll period (a few exceptions noted.) It is possible to pay a non-exempt employee on a salaried basis as long as they are paid for all the hours they actually work and receive OT pay as required under state and federal law.

The problem with saying you are "salaried" is that it has no legal standing - it is merely a pay method - and says nothing about a job's standing under the FLSA.

 

[BearryHappy]

I appreciate you taking the time to answer my question in depth Beth.

I work from home for a company that his home-based in Va. I do administrative type work, 20 hrs. per week, salary. I was under the assumption that salary was only applicable to someone working 40 hrs per week with benefits. I was obviously wrong.

I'm glad I found this site. I have been on the labor board's website but I found it a bit confusing.

Can I ask another question? Can they "make" you work a certain number of hours, being salary, without additional pay?

I don't mind giving an hour here or there, but 2 hours a night plus 4-8 on the weekends?????

 

[Beth3]

If you are truly only doing administrative/clerical type work, then you are in a non-exempt job. The company can pay you on a salary basis but they must also pay you for any hours you work over twenty. Being salaried in this context means they pay you for 20 hours even if you only work 18 but they must pay you for 25 hours when you work 25.

Your employer may require you to work as many hours as they wish and on the days and times that they wish. Since you are in a non-exempt position however, they must pay you for all that time.

I suggest you have a conversation with your employer (nicely) the next time they ask you about working more hours and tell them it's your understanding that your position qualifies as non-exempt under the Fair Labor Standards Act and that you must be paid for all the hours you work. Tell them you'll be happy to give them a few days to look into that and verify what you've told them and then to please give you a call back so you can discuss compensation for the additional work time they're requesting.

If they refuse to pay you what the law dictates they must, then contact your State's Department of Labor/Wage and Hour Division.

 

[BearryHappy]

Thank you very much.

 

[Beth3]

You are very welcome.