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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Employment Law
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Experience:  Former judicial law clerk, lawyer
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I have an employee who is salaried to work 20 hours per week.

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I have an employee who is salaried to work 20 hours per week. She is non-exempt. She works from home. Our company policy for full time salaried workers (exempt and non-exempt) (40 hours per week) is that after they have worked 8 hours extra in a week, they can then start collecting comp time. So someone who has worked for 49 hours gets 1 hour of comp time. Tell me if 1) our policy is legal and 2) must I pay the part-time salaried worker for overtime and if so, how can I adapt the full-time policy?

Deidre Doyle

My name is XXXXX XXXXX I'd be happy to answer your questions today.

A non-exempt employee that works more than 40 hours per week must be paid time and a half for all hours over 40. Comp time could be used, for example, if an employee who is scheduled for 4 hours a day decides to work 8 hours one day and take another day off during the week. In that case, she hasn't gone over 40 hours and doesn't need to be paid overtime. She would still be paid for all hours worked.

What the law says is that a person must be paid regular salary for up to 40 hours in one workweek and overtime after that. A person who is hired to work 20 hours per week only needs to be paid his regular hourly wage for additional hours, until he goes above 40 in one week.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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