Category Archives: Wage and Hour FAQs

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Do I Have To Pay An Exempt Employee Who Answers E-Mail Or Phone Calls While On FMLA Leave? [Wage & Hour FAQ]

Q. A salaried, exempt employee who recently returned from a week of unpaid FMLA leave claims that he is entitled to be paid his full salary for entire week because he responded to a number of work-related e-mails and telephone calls while he was out. Do we have to pay? A. Wage and hour law is … Continue Reading

Can We Suspend An Exempt Employee Without Pay? [Wage & Hour FAQ]

Q. One of our salaried exempt employees appears to have violated our sexual harassment policy. We would like to suspend him without pay for 3 days. Is this allowed under the FLSA? A. Maybe, but check your state’s laws as well.  With a few specific exceptions, employees whose duties qualify them as executive, administrative and … Continue Reading

Does An Exempt Employee Who Calls In Sick The Day Before Thanksgiving Get Holiday Pay? [Wage & Hour FAQ]

Q. Our holiday pay policy says that employees must be at work the day before and the day after a holiday. Our office is closed Thursday and Friday for Thanksgiving. If an exempt employee works Monday and Tuesday but calls in “sick” on Wednesday, can we deny the employee holiday pay? A. Many employers have policies … Continue Reading

Exempt Employees, Paid Leave, and Partial Day Absences [Webinar Q&A]

Another in our series of answers to questions from our September 28 webinar on wage and hour law in higher education: Q. If an exempt employee only works a half day, i.e. they go home sick at noon, and they have both sick and vacation leave available, can we require that they use four hours of leave … Continue Reading

How to Calculate Overtime for Salaried Employees Who Also Receive Commissions [Wage & Hour FAQ]

Reading about a recent lawsuit filed against Groupon, I was reminded that even the most cutting edge businesses may not understand the nuances associated with calculating overtime and find themselves a target for running afoul of wage and hour laws.  My colleague and fellow blogger, Bill Pokorny, wrote a helpful blog entry last week on … Continue Reading

Can An Employer Pay An Exempt Employee Extra Compensation? [Wage & Hour FAQ]

Q.        My Company anticipates embarking on a big project this fall that will have extreme importance to the Company’s future and require extra hours at the office.  The Company wants to give a little extra pay to employees who work on this important project.  A number of these employees are classified as exempt.  May the Company … Continue Reading

Do We Have to Pay Employees for Checking E-Mail Outside of Work? [Wage & Hour FAQ]

Q. Our company provides remote access to e-mail for all employees, and some of our hourly employees carry iPhones and Blackberries with access to their work e-mail. Most non-exempt employees only work during regular business hours, but some will occasionally check and respond to e-mail after hours or on weekends. Do we need to pay … Continue Reading
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