Should/can an overtime exempt salaried employee use regular hours for six hours and then two for vacation/sick? Or at that point, since they worked, it is all regular pay? Thank you!

So, the answer is Yes and Yes.

The DOL requires that when an exempt employee works any part of a day they get paid for the entire day whether or not they have sick or vacation time available. DOL also allows an employer to deduct time not worked that day from the sick/vacation/PTO bank. So, if your employee worked 6 hours of an 8 hour day, then deducting 2 from the bank is acceptable. In the situation where the worker has no time available in the bank, the worker still gets the full day of pay because they worked any part of a day.

You can find the information here: https://helpdeskforhr.com/wp-content/uploads/2018/01/DOL-FLSA-FOH-Chapter-22.pdf

SEE 22g02 on PAGE 44 https://www.dol.gov/whd/overtime/fs17g_salary.pdf

https://www.dol.gov/whd/opinion/FLSA/2018/2018_01_05_14_FLSA.pdf

June 2018

Tags: salary test, overtime exemption, deductions