exempt ee

Sharon Laster · August 2004

Hello, I am a new user to employer forum, my name is Sharon , HR for a small company in Alabama.

I have a salaried employee on leave that has notified me they will be returning to work part time (30 hours). My question is, do they remain salaried with exempt status or do they become hourly non exempt until they return full time or could I reduce their pay for hours worked and leave their status unchanged.

Thanks in advance for your help.

SMace · August 2004

The exempt, non-exempt classifiaction centers on the job, not the hours. So if she is preforming exempt duties, she should be classified that way. You could reduce her salary by 25%, because she is working 25% less hours. The only thing is that salary must be over $455/week.

Are you sure you want them to come back at 30 hrs? Are they able to complete all the work required in that time? Will you have to hire a part timer?

Shadowfax · August 2004

Good morning Sharon in Alabama! And welcome. Smace iss correct about the exempt/non classisfication relating to the duties not the person or the hours. But, just because the duties may permit an exempt classification, there is no mandate to make it an exempt position. I think the safest thing for you to do is to make the recalssify non-exempt and pay hourly. Does this position tykpically have a lot of o/t or is it pretty steady 40 or less. There may be no real advantage to you to keep it exempt anyway. ;I worry a bit about the reduction based on time - particularly if the position is getting no addidtional help and ee is getting all of the duties completed in the 30.

dynamite9551 · August 2004

welcome!

you could change their salary from being based on 40 to 30 hours. same rules apply, e.g, they are not docked for less than full days, etc. this may make it a little easier and then when they resume their full schedule, revert salary back to what it was before the change. you can alway check with your local labor department (wage and hour division) if you're uncomfortable.

good luck

Jimbo · August 2004

Hi Sharon,
You posting did not state whether the salaried employee is taking the reduced work week under FMLA but from the facts, it sounds likely. You might want to check FMLA implementation regulation 29 CFR Section 825.206 which allows an employer to deduct hourly amounts from an exempt employee's salary when providing unpaid leave under FMLA to a salaried employee.

>Hello, I am a new user to employer forum, my
>name is Sharon , HR for a small company in
>Alabama.
>
>I have a salaried employee on leave that has
>notified me they will be returning to work part
>time (30 hours). My question is, do they remain
>salaried with exempt status or do they become
>hourly non exempt until they return full time or
>could I reduce their pay for hours worked and
>leave their status unchanged.
>
>Thanks in advance for your help.

exempt ee

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