Partial Workdays and Overtime

Partial Workdays for Exempt Employees and Overtime Pay for Non-Exempt Employees

Reporting partial days for exempt employees under the Fair Labor Standards Act: Exempt employees are exempt from overtime pay because they are deemed to be executive, professional or administrative employees under the Fair Labor Standards Act (FLSA). Exempt employees, in addition to meeting the job requirements of the particular exemption, must be paid on a salaried basis.

Most exempt employees are expected to work during core business hours. On occasion, exempt employees are required to work additional hours beyond the normal work week - this may include but is not limited to the need to respond to unexpected problems, increased business demands, or project deadlines - as distinct from a person's desire to catch up on work after hours. Exempt employees may need to take time off during the day for reasons unrelated to work.

If an exempt employee needs to be out of the office for more than four hours of the workday, and has not made previous arrangements with their manager to make up that time, vacation, sick and/or personal time should be used to account for time away from the office not working. This should be reflected in our current time sheets which allow exempt employees to identify vacation, sick and personal time used, be it in full or partial days. Exempt employees should not be given "bonuses" to account for work in excess of the standard work week.

Overtime pay for non-exempt employees: Non-exempt employees are entitled to overtime pay at a rate of time and one half times their hourly rate for all hours worked in excess of 40 in a week (please note they receive their normal rate for any additional hours between 35 and 40). Non-exempt employees must use time sheets to keep accurate records of hours worked each week. Managers may not request special payment or bonus payment for overtime hours that have not been properly documented; instead, these additional hours should be properly documented and payment should be made in the normal course and at the appropriate rate.

Last Revised 5/19/2010