QUESTION
I'm salaried: 1. Can I be required to work 48 hrs a week, and 2. Can my employeer dock my pay if I don't work the full 48 hrs.
Asked on Jan 05th, 2015 on Labor and Employment - North Carolina
More details to this question:
My GM sent us the following email: "Hello everybody, As we start 2015, I would like to reiterate the importance of giving our best to XXXXX. Each one of us has the responsibility to put in our best effort to move the company forward. Henceforth, each employee is expected to work at least 48 hours in a given week. As salaried employees, you will earn full pay for the two week pay period if you work 96 hours. If hours worked fall below 96, you will be paid a fraction of your full salary. For example, if you work 90 hours during a pay period, you will earn 90/96 = 93.75% of your full salary. Company holidays will be counted as 8 hours worked per holiday. Please let me know if you have any questions." Can they really pro-rate our pay if we work under 48 hrs? Can they require regular workweeks of 48 hrs. In addition, I really don't think my job qualifies as an "exempt" salaried position.
1 ANSWER
4 Awards
1. Yes, you can be required to work 24 hours per day, 7 days per week, year round. However, the employer would have to pay you for those hours over 40 unless you are an exempt employee. Simply putting you on a salary does not make you an exempt employee.
2. In general, an employer cannot deduct hours from the salary of a salaried exempt employee for missing time unless you miss a full day.
As to these 2 issues and the other matters included in your inquiry, I highly recommend that you consult with an experienced employment attorney and go through these issues with that person.
Answered on Jan 14th, 2015 at 6:08 PM
I am an experienced attorney focusing on employment law in North Carolina and Tennessee. This post/response is not meant to constitute legal advice.