Legal Question in Business Law in Virginia
Exempts Employee
My company has a written policy that states that if an exempt employee worked less than 72 hours in an 80 hour pay period, the employee will paid the employee by the hour based on the number of hours worked. Is this legal?
Asked on 9/22/08, 11:55 am
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: Exempts Employee
Yes, very likely so since such an employee would be working less than 40 hours per week during the two week pay period in question, and consequently, under this policy would in effect be treated as a salaried employee and not considered exempt for the purposes of the pay period involved.
The foregoing, of course, would not be true if the employee were working under a contract or collective bargaining type of agreement which would prohibit such a practice on the part of the employer.
Answered on 9/22/08, 5:28 pm
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