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Arizona Exempt Employee Workweek

Posted by Tamara

Many employees wonder: Is there a standard workweek for exempt salaried employees in Arizona?

The answer is “No. There is no state law in Arizona setting a standard workweek for exempt employees, nor is there a federal law.”

The standard workweek for exempt employees is completely up to the individual companies. A business can require an exempt employee to work 40, 60 or even 80 hours in one workweek. It also has the right to terminate any employee who doesn’t meet the company’s standard.

The company also has the right to allow the employee to set his or her own schedule.

The usual assumption by many Arizona exempt employees for a standard workweek is 40 hours. Some exempt employees also assume that if they work more than 40 hours in one week, they are building credit for the future, meaning they can work fewer than 40 hours without negative consequences.

Both of these assumptions are incorrect. Though a 40-hour workweek is common, the employee must work the number of hours set by the company. In addition, under the FLSA (Fair Labor Standards Act) an exempt employee is not entitled to overtime–not extra pay nor extra paid time off.

FLSA does mandate that exempt employees receive full salary for working any portion of the workweek (Some exceptions exist for FMLA leave, accommodations under ADA, and if the employee is off one or more days for illness or personal business.)

For example, Todd usually works a 40-hour workweek. During one week, he goes to work for the usual number of days, but only puts in 25 hours. He earns his full time salary in both workweeks.

This condition under FLSA does not mean, however, that employees can work as many or as few hours necessary to get the job done. Todd’s employer must pay him his full salary for his 25-hour work week, but the employer can also terminate him for not complying with the company’s minimum workweek expectations. This is true even if Todd completed every task required of him for that week.

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