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Salaried Exempt Associates

MelvilleNYMelvilleNY 2 Posts
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Our company is extremely high pressured & fast paced. The salaried exempt associates can put in over 70-80 hrs per week for the entire first and third quarters of the year, and 60+ hrs during the second and fourth quarters. They are not compensated monetarily nor by comp days. They seem to feel this is illegal. Are there any regulations limiting hours worked per week without compensation?
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  • Hunter1Hunter1 808 Posts
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    If these employees are indeed salaried exempt, then they are being paid for their hours. No limits.
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  • HatchetmanHatchetman 877 Posts
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    There is nothing in federal law that puts a limit on the number of hours a salaried exempt can work in a work week. The salary should be based on the expectation of the hours to be worked.

    Under federal FLSA and DOL interpretation, an employer may pay an exempt salaried employee more compensation for the extra effort and time put in beyond what the salary may cover without jeopardizing the exempt status. This includes, by DOL Opinion extra compensation at an hourly rate.

    I do not know what NY state wage and hour law provides. That is most likely, if it exists for salaried exempts, where such a limit would be identified, either in hours or days in a week.
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