Can I include a reference to hours in the definition of Full-time salaried?

Trish

We are working on setting up definitions of employees for our handbook. The categories will be Full-time salaried, Full-time hourly, Part-time salaried, and Part-time hourly.

Would like to say that Full-time salaried is expected to work 40 hours per week and earns XX benefits

Part-time salaried is expected to work 20 hours per week and earns XX benefits.

Concerned that there's conflict with saying emp is salaried but must work so many hours . . . .?

Thanks!

Margaret Morford

Trish,

Don't confuse the way you pay people (salaried vs. hourly) with their wage and hour classification (exempt vs. non-exempt). Many companies use a payment category of salaried non-exempt in order to pay high level non-exempt employees the same thing each pay period. However, if these people work more than 40 hours in a week's time, they must pay them overtime for those hours. This is different from exempt employees (who are almost alway salaried) that you don't have to pay overtime. If you have exempt jobs that people will be doing on a part-time basis, you should not count hours on them or you will lose the exemption. The best way to explain the position is to say that you anticipate that they will work an average of between 20 and 25 hours per week. They get paid the same thing no matter how many or how few hours they work eack week. Hope that helps.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Trish

Thank you for your reply. So, if an employee is non-exempt, but salaried - it is fine to say that they must work 40 hours per week (and can their pay be reduced in half-day or whole day increments as long as they are non-exempt?)

Margaret Morford

Non-exempt employees are paid for the hours they work. If they work past 40 hours in a week's time, you must pay them overtime. You cannot dock their pay in the sense that if they work the hours, you must pay them for those hours. However, if they work a half a day (say 4 hours), you only have to pay them for 4 hours work. Hope that helps.

Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]

Leslie

Our policy and procedure and handbook state that a full time salaried employee is expected to work a minimum of 40 hours per week. That doesn't mean we can dock them if they don't, but it sets up a guideline for disciplinary action, and possibly discharge if they are non-compliant.

Gillian

A word of caution - exempt employees are supposed to be paid to do their job, no matter the number of hours. If they can get their job done in less than forty hours, they shouldn't be forced to stick around (theoretically). If that occurs frequently an employer either has a brilliant employee or a part time job. There is a bit of a double standard here. The employer doesn't say anything when the exempt employee has to work a lot of overtime but they want to discipline if the employee can get their job done in less time?

Leslie

I work in a 7/24 resort/entertainment industry. 90 percent of our salaried personnel oversee full time employees. It would be difficult for them to tell me that they can do their job in less than 40 hours when a major part of that job is managing people who work 40 hours. As posted early, if you have an individual contributor who can consistently complete a job in way less than full time hours - it appears you have a part time job on your hands, and the salary should be adjusted accordingly.