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Question about non-exempt salaried employees in Georgia

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  • Question about non-exempt salaried employees in Georgia

    I read that in some cases, if a salaried non-exempt employee works less than the expected number of hours during the workweek (for example, 40 hours), his hours could not be permissibly reduced, as apparently in some states they would be treated the same as an exempt employee. Does anyone know if Georgia is one of these states, and if so what the Code to support this would be? Thanks so much.

  • #2
    This is true ONLY if the employee is working under the Fluctuating Workweek Method (which has strict requirements) or a Belo-type plan (which has even stricter requirements). If not, the pay method is irrelevant and nonexempt employees are legally entitled to compensation only for time worked.
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    • #3
      If we are talking federal rules only, then under the so-called "normal" rules (29 CFR 778.113) and the related Klinghoffer court decision, deductions for base hours not worked is legal.

      If instead we are talking about state law only, then the state in theory could override this rule. There is a famous (in payroll circles anyhow) article about non-exempt salaried handling that briefly mentions this, but fails to mention the actual states that consider this to be an exception.

      http://payroll-taxes.com/articles/salariesGeneral.html

      What if the employee works less than the expected number of hours during the workweek? In some cases there could be problems because in some states if an employee is paid a salary, his salary cannot be reduced if he works less than the expected number of hours. He is treated the same as an exempt employee. In those states the only way an employer can avoid paying the employee who works less than the expected number of hours is to make the employee an hourly employee. So employers must be aware of what state law permits.
      Your state is not my state, so I do not know if GA has such a law. My guess would be no. GA has a reputation for not having much in the way of state labor laws and for not enforcing what laws it does have.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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