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Part time, exempt, hourly manager

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  • Part time, exempt, hourly manager

    I am the only paid employee in my department, which is Volunteer Services at a community non-profit hospital. My position is budgeted for 20 hours per week, and I am responsible for that budget. What is the law regarding working extra hours when a person is exempt and hourly and part time? Specifically, I am wondering about staying late one day and leaving early the next to keep myself at the 20 hours. Or must I work the expected hours and get paid for the extra hours I work?

  • #2
    You can not be both exempt and hourly. Either you are paid per hour you work in which case you must be paid for all hours you work, or you are on salary and exempt and get paid the same no matter how many hours you work. Being PT has no effect on this either way.

    With your job I wouldn't be surprised if you qualified as exempt, but it depends upon what your duties are.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      Originally posted by [email protected] View Post
      must I work the expected hours and get paid for the extra hours I work?
      That is not a matter of law, but the expectations of your company.

      It could well be that you HAD to stay late one day but cannot be allowed to leave early on some other day during this particular work week. If you were a non-exempt employee, you would HAVE to be compensated for the extra work.

      As an exempt employee, you don't have to be compensated (although the employer could let you take time off, with pay, at any future date, even outside the current work week).

      Part-time exempt employees are pretty rare. They must be salaried (some exceptions) and make at least $455 a week.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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      • #4
        What state is this?
        My intention is not to argue over who is wrong/right. I am here for the discussion and to learn and teach. If you dislike what I have to say or think I question you when I shouldn't, then by all means add me to your ignore list.

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        • #5
          42 hrs required to work - Florida

          I work for a company in Florida and my employer requires that everyone work 42 hours minimum per week. I am a salary employee and if I don't meet the 42 hr requirement, then they will doc my pay because of that. Further more, I am required to clock in and out for the day, as well as for lunch. They also have a bonus time off system in place for when you work more than 96 hours in a 2 week time period. For each hour above 96 hours for the two week period, they will give you one hour of bonus time off. Can anyone shed some light on whether or not any or all of this is legal / illegal?

          Thanks.

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          • #6
            Are you exempt or non-exempt?
            My intention is not to argue over who is wrong/right. I am here for the discussion and to learn and teach. If you dislike what I have to say or think I question you when I shouldn't, then by all means add me to your ignore list.

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            • #7
              Follow-up

              I would believe we are classified as exempt. I am a software engineer. I know at my last job under the same position/profession, I was considered exempt.

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              • #8
                While most Exempt employees must be paid on a Salaried basis, there are exceptions for Lawyers, Doctors, Teachers, Outside Sales and certain highly compensated Computer Professionals. You may (or may) not fall under the last exceptions, which can be found at the following. Also, I am referencing the federal (FLSA) rules only. Certain states such as California have more restrictive Exempt rules then the federal rules.

                http://www.dol.gov/esa/regs/complian...a_overview.htm
                Last edited by DAW; 03-26-2007, 01:46 PM.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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