Employers May Terminate Bona Fide “Exempt” Employees Who Refuse to Work Over 40 Hours Per Workweek

In an Opinion Letter, the Dept. of Labor Wage and Hour Division confirmed that employers may require bona fide “exempt” executive, administrative, or professional employees to work more than forty (40) hours in a workweek; and employers may discipline (including discharge) such employees if they consistently fail to work the required number of hours. However, employers should consult counsel before implementing such hour-of-work requirements in order to avoid violating other FLSA requirements, including the “no-docking” rule against improper deductions from salaries, and the rule permitting suspensions only for violations of “workplace conduct rules”.



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