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Salary Non-Exempt Question Washington

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  • Salary Non-Exempt Question Washington

    Hello there. I am a salary non-exempt employee that is being paid based on a 50 hour work week. So I get paid automatically for 10 hrs overtime every week, regardless of whether I work 40 hrs/week or 45 hrs/week. I am paid every two weeks.

    I usually work 9 to 10 hours daily. If I miss a day, can I make up those hours on a different day? Do they add up hours weekly/bi-weekly? Or is each day separated from every other day?

    Also, am I required to take breaks, even if I don't want to??

    Thank you for any help

  • #2
    I'll let someone from payroll address the first question. As to the breaks, in your state breaks are required by law. However, even if they weren't, the employer has the right to demand them whether you want to take them or not.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      FLSA requires that hours be tracked upon a daily basis.

      As for making up a day missed, that would be up to your company IF you are able to make up the time during the same work week.

      Working an extra ten hour day this week to make up for a day missed next week puts you up to sixty hours for the week and the company would have to pay you an extra 10 hours of OT. They would be justified in reducing your pay for last week.

      I understand your normal week is 50 hours and you get paid for that, including 10 hrs OT, whether you work 40, 45, or 50 hours, but what happens when you work more than that?
      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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