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increasing standard hours for exempts

edited November 2010 in General Payroll Topics
Beginning January 1 our company is moving from a 35 hour to a 40 hour work week. This is not being accompanied by any change in salary for the exempts, and they're taking their grievance out on their poor Payroll Manager (yours truly). I hate giving the employees the "that's the way it is so deal with it" routine, i'd rather back it up with law. Can anyone steer me to an FLSA law that might show companies are not obligated to increase exempt salaries based on hours worked? thank you

p.s - and i'm exempt so it's not like i'm celebrating the extra 21.67 hours a month either!


  • You could point out this part of 541.602

    an exempt employee must receive the full salary for any week in which the employee performs any work without regard to the number of days or hours worked.
  • Right - if they can get their work done in 20 hours, they still get paid for the entire week. It is not so much an increase in hours - if you require a certain number of hours, then they are hourly, right? But the workload is being increased without a corresponding increase in salary. Am I correct? Otherwise, what is the point of having exempt employees park their behinds in their desk chairs for an additional five hours a week if the amount of output is the same?