Is there any law that gives salaried employees some flexibility without using PTO?

I manage a group of salaried traveling marketing managers in a company that typically has had mostly hourly employees. Their salaries are in line with industry for their jobs but it seems that Senior Management wants to treat them as salaried when it comes to working extra hours on the weekends and evenings when we work trade shows or visit customers, and then as hourly employees to deduct their PTO for things like getting to the office late during a snow storm or needing a few hours for personal appointments. I have tried to research the law but have not found anything that spells it out. Please advise

1 answer  |  asked Feb 27, 2017 11:50 AM [EST]  |  applies to Pennsylvania

Answers (1)

Doris Dabrowski
To be exempt from the Fair Labor Standards Act's requirement to pay time and a half for overtime, the employee is entitled to the salary regardless of the number of hours worked during a work week. The employees are either exempt or not exempt from the FLSA. To be exempt, the employees must be paid a predetermined salary of at least $455/week and the duties must be primarily executive, administrative or professional. Outside salespersons may be exempt from the minimum wage and overtime provisions of the Pa. Minimum Wage Act, 34 Pa. Code sec. 231.81 and are not subject to the salary level test of the federal Fair Labor Standards Act. The salespeople should contact the Wage & Hour division of the Dept. of Labor or consult with a lawyer about the application of law to their jobs.

posted by Doris Dabrowski  |  Feb 27, 2017 12:28 PM [EST]

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