John Thompson from Fisher Phillips stopped by this week to remind employers about something most of us do not associate with “professionals.” I am referring to a ‘workweek’ most associate with hourly-wage earners.
Workweek has a specific meaning to the federal Fair Labor Standards Act. All employees – hourly and salaried – have a workweek. The FLSA defines a workweek as “a fixed, regularly recurring period of seven, consecutive, 24-hour periods that management expressly adopts for FLSA purposes.”
If you have both hourly and exempt employees, our employment law experts Fisher Phillips caution that the workweek applies even to “white collar” employees who fall outside of the FLSA’s minimum-wage and overtime standards.
The workweek is important for executive, administrative or professional employees because there are recordkeeping regulations for which the U.S. Department of Labor applies a workweek.
That the workweek is for everyone should not be overlooked by employers. Read on:
The general requirement (with some exceptions) is that the full salary must be paid for every workweek in which the employee performs any work, without regard to the number of days or hours worked in that workweek. On the other hand, the employee need not be paid the salary for any workweek in which he or she performs no work. 29 C.F.R. § 541.602(a)(1).
The catch is that employers must have an established workweek for exempt employees that is defined and in writing.
Read the whole article, here.
From our Partners at:
Fisher Philips is one of our esteemed partners who have authored a pre-loaded library of content and trainings that takes the hassle out of staying current with ever-changing compliance requirements. The result? Compli makes it easy to maintain an effective workforce compliance program.
Like this article? Find more at Fisher Phillips Workplace Safety and Health Law Blog.