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smithandjones  
#1 Posted : Sunday, June 23, 2019 4:25:04 AM(UTC)

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I just recently accepted a reassignment to a position that is Exempt from FLSA.

I think this means I am not eligible for overtime or compensatory time when I work more than 40 hours a week during busy times?

But does it also mean there is no real requirement to be in the office for 40 hours a week?

Not sure accepting the reassignment was smart in the short term but hoping it opens more career possibilities.

Just trying to understand the law in this area as I perform better if not tied to a dreadfully boring desk/office environment.

Thanks,

Endless Summer  
#2 Posted : Sunday, June 23, 2019 4:40:21 AM(UTC)
Endless Summer

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Originally Posted by: smithandjones Go to Quoted Post
I just recently accepted a reassignment to a position that is Exempt from FLSA.

I think this means I am not eligible for overtime or compensatory time when I work more than 40 hours a week during busy times?

But does it also mean there is no real requirement to be in the office for 40 hours a week?

Not sure accepting the reassignment was smart in the short term but hoping it opens more career possibilities.

Just trying to understand the law in this area as I perform better if not tied to a dreadfully boring desk/office environment.

Thanks,



Being exempt just means that your employer is not required to pay overtime or offer comp time. I've held two exempt positions, one provided comp time and my current position allows me to choose between comp time and overtime pay.

As for being in the office 40 hours, your employer sets your work schedule.
smithandjones  
#3 Posted : Wednesday, June 26, 2019 6:42:05 PM(UTC)

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Thanks for the response. I understand life works best with an understanding with supervisors. However, my question is more precise I suppose,. The FLSA seems to say that exempt employees must receive their full salary for any week in which they perform work, without regard to the number of days or hours worked.

And if full salary is not received, then the employer risks making the employee non-exempt.

If anyone has any experience with applying this FLSA issue in the federal governent context I appreciate any thoughts/experience.

Thanks,
Tic3  
#4 Posted : Thursday, June 27, 2019 8:45:55 AM(UTC)

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Originally Posted by: smithandjones Go to Quoted Post
I just recently accepted a reassignment to a position that is Exempt from FLSA.

I think this means I am not eligible for overtime or compensatory time when I work more than 40 hours a week during busy times?

But does it also mean there is no real requirement to be in the office for 40 hours a week?

Not sure accepting the reassignment was smart in the short term but hoping it opens more career possibilities.

Just trying to understand the law in this area as I perform better if not tied to a dreadfully boring desk/office environment.

Thanks,



You're talking apples and oranges. If you are a full-time employee (see box #32 on your SF-50), you are required to work 80 hours in a biweekly pay period. Your agency determines your work schedule, whether that is 10 8-hour days, 8 10-hour days, a 5-4-9 work schedule where you work 45 hours one week and 35 the next, AND whether you will work those hours in the office or an alternate location.

Those determinations (how many hours in a day/week and your work location) have nothing at all to do with whether or not you are exempt from FLSA.

Edited by user Thursday, June 27, 2019 8:47:18 AM(UTC)  | Reason: Not specified

HR Bubba  
#5 Posted : Monday, July 08, 2019 4:23:24 AM(UTC)

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FLSA exempt does not mean you are exempt from compensation for any hours over 40 per week. Rather, for exempt employees there are differences in how the OT pay is calculated. Non-exempt employees receive time and a half, but so don't exempt employees; the difference is that for exempt employees the rate is capped at the equivalent of a GS-10 step 1. If you are a GS-09, you would simply receive time and a half; if you were a GS-11, you would receive either straight time pay for a GS-11 or time and a half at the rate of a GS-10 step 1 (whichever is higher).

The other main difference is whether you will receive OT pay or comp time. For a non-exempt employee, the decision is the employees. Management cannot make a non-exempt employee take comp time over OT pay, that decision is up to the employee. For an exempt employee, the decision to give comp time or OT pay rests with management.
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