Frequently Asked Questions
Can housing allowances be applied to the base salary to meet the new FLSA salary threshold?
No. For Executive, Administrative, Professional or White Collar employees to qualify for exemption under section 13(a) (1) of the Act, an employee must earn the minimum salary amount set forth in section 541.600, “exclusive of board, lodging, or other facilities.” The phrase “exclusive of board, lodging, or other facilities” means “free and clear” or independent of any claimed credit for non-cash items of value that an employer may provide to an employee. Please see 29 CFR 541.606 for more information.
Can I still answer work e-mails at home at night? Weekends?
You must have prior approval from your supervisor. Any time worked must be paid for; this includes reviewing/responding to work e-mails or working weekends if you are not scheduled to do so.
Can I work additional hours without having it approved by my immediate supervisor?
You must have immediate supervisor’s approval prior to working any additional hours.
Can supervisors provide cell phones to their non-exempt employees?
Yes, but any calls received after hours is considered paid time. The employee must be paid for this time.
Can you work 50 hours one week and 30 hours the next week and not be paid overtime?
Overtime is based on hours worked over 40 hours a week. Each workweek stands alone; averaging hours worked over two or more workweeks is not permitted by the FLSA.
8:30 a.m.-5:30 p.m.
One Park Place, Ste. 338
P.O. Box 3982
Atlanta, GA 30303