Payroll Questions of the Month

Q. What responsibility does an employer have, if any, for salaried employees who work overtime(OT) for a big project?

A. None. A salaried employee who meets the FLSA requirements is exempt from OT. If you want to give them extra money you may without having to worry about OT.


Q. Do employers need to pay employees if they are absent, due to no fault of their own, based on certain legal obligations.

A. While an employer is compelled to provide the time off for serving on jury duty, the FLSA does not require paying the hourly employee.  As a general rule if the salaried employee performs any work during the workweek, he or she must be paid the full salary amount. An employer may not make deductions from a salary employee’s pay for absences caused by the employer or by the operating requirements of the business. If the salary employee is ready, willing and able to work, deductions from the salaried employee’s pay may not be made when no work is available.


Q. If our office closes due to bad weather, how do we handle pay for our employees?

A. The FLSA does not require employers to pay nonexempt employees. This holds true for most partial day closures, such as when employees report for work and then are told that there is no more work for them due to lack of work or the office closing due to bad weather. Exempt employees must be paid.


Q. Is there a legal requirement to issue a paper paystub to employees each payroll?

A. No. A paper paystub is not required but FLSA does require the employer to keep accurate records of hours worked and wages paid to employees.

Posted in 2014, February, Payroll & HR Alerts.