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Laws regarding Flexible schedules? Pennsylvania

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  • Laws regarding Flexible schedules? Pennsylvania

    My question is regarding what would be called a "Flexible Schedule", I guess.
    As I understand it they are not addressed in the Fair Labor Standards Act and they are an agreement between employee and employer.

    What guidelines must still be followed?

    I'm trying to figure out if it would be possible and legal, if the employee and employer agree, can a person work 80 hours for one week and have a full week off and not get paid overtime as a non-exempt employee? or even for an exempt employee. This would be their normal schedule.

    Can anyone help? Thank You in advance.

  • #2
    You are correct in that no federal or Pennsylvania law address "flexible work arrangements". Since no laws addresses this topic, it is left to the discretion of the employer.

    Regarding your question about an 80 hour work week, if you are correctly classified as non-exempt, you'd have to be paid overtime for any hours over 40 in the pre-defined workweek. You cannot waive your right to receive overtime pay when its worked. This is simply not allowed.

    Please keep in mind the your FLSA classification is based on your "primary" job duties. If you are correctly classified as non-exempt, the employer does not have the option to treat your pay as it would an exempt employee.

    http://www.dol.gov/esa/regs/complian...a_overview.htm

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