Compensation

Bi-weekly employees' FLSA status is nonexempt.

Monthly employees' FLSA status is exempt.

Our work volume is low and I don’t need all of my employees today. Do I need to pay my employee for time not required to come into work?

For nonexempt employees, no — employees must only be paid for hours worked.

For exempt employees, yes — employees must be paid their entire salary regardless of the amount of work performed in a week. (See exceptions on page 5 of the UAB FLSA Supervisor Resource Guide).

For nonexempt employees, yes.

For exempt employees, no.

For nonexempt employees, yes — employees must receive 1.5 times their rate of pay for all hours worked over 40 in the 7 day workweek. Example: If Joe is paid $10 dollars an hour, his overtime pay will be $15 dollars an hour.

For exempt employees, no.

Is the time off less than 4 hours? Example: doctor’s appointment

For nonexempt employees, yes. If a request for time off is approved, employees can use accrued sick or vacation time. If no accrued time is available they can have unpaid time off.

For exempt employees, no.

Is the time off 4 or more hours? Example: vacation

For nonexempt employees, yes. If a request for time off is approved, employees can use accrued sick or vacation time. If no accrued time is available they can have unpaid time off.

For exempt employees, yes. If a request for time off is approved, employees can use accrued sick or vacation time.

For nonexempt employees, yes. UAB policy allows your employees to take up to two 15 minute paid breaks if a department’s work load permits. This time should not be saved and added to the end of a shift or used to extend or in place of lunch.

For exempt employees, yes. You should discuss break options with your employee. UAB policy allows employees to take up to two 15 minute paid breaks if a department’s work load permits. This time should not be saved and added to the end of a shift or used to extend or in place of lunch.

For nonexempt employees, yes. A meal break should be factored into your employee’s work schedule. The employee should be relieved of all duties and allowed to take an uninterrupted unpaid break of at least 30 minutes or more for meals.

For exempt employees, no. Your employee is not obligated to take a meal break. If an employee needs to work through a meal period to meet the demands of business, they are allowed to do this.

The minimum salary required under FLSA is $35,568 per year or $684 per week.

There is no provision to prorate the salary requirement of $684 per week when an employee’s hours are reduced. The employee must receive a salary of at least $684 in each week in which he or she performs any work regardless of the number of days or hours worked to qualify for the exemption. See the DOL Opinion Letter for more information.

Teachers are exempt if their primary duty is teaching, tutoring, instructing or lecturing in the activity of imparting knowledge, and if they are employed and engaged in this activity as a teacher in an educational establishment.