Exempt Employee Definition

[legal77]

Is a company required to work salaried exempt employees a minimum of 40 hours per week if that same company requires other salaried exempt employees within the same company to work 40 hours or more per week? Do the salaried exempt employees working 40 hours or more per week have any kind of legal rights of discrimination or otherwise?

 

[cbg]

If you are truly exempt, then "40 hours a week" has no legal meaning to you. The law does not care whether an exempt employee works over 40 hours, under 40 hours, or exactly 40 hours. The law, however, gives the employer the right to determine what hours are needed.

The only thing an exempt employee is exempt from, is overtime pay. He or she is not exempt from following company policy regarding hours worked, time due in, time allowed to leave, or anything else except overtime pay. It is up to the employer how much freedom the employee is given with regards to their hours.

Not all jobs necessarily require the same hours; therefore not all exempt employees need to be treated identically.