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Under the FLSA, exempt salaried employees have virtually no rights at allwhen it comes to overtime, aside from their base salary as determined in their employment agreement. Employers can require any number of hours or any type of schedule from employees, including mandatory overtime or makeup time for absences.
In many situations, knowing how many hours an employee spent on a task defines how the work will be paid. As long as the employee doesn't deduct amounts from your paycheck based on hours you tracked, it is okay to require salaried employees to fill in timesheets.
California employers must pay salaried exempt employees at least twice the minimum hourly wage based on a 40-hour workweek. As of 2023, the California minimum wage is $15.50 an hour. Though many California cities and counties have higher minimum wage requirements than the state minimum.
So, how does one decide if an employee is exempt vs. non exempt? Pay rate, job duties and responsibilities are all key factors in determining if an employee is exempt or non-exempt, not the type of clothes they wear or their work environment.
Is It Legal to Work 60 Hours a Week on Salary? If an employee is exempt from FLSA and any state, local, or union overtime laws, then it is legal to work 60 hours a week on salary. Some employers do pay exempt employees for overtime work through time-and-a-half, bonuses, or extra time off.