I’m an exempt employee so I am not paid overtime. If I work 39 hours in one week, can the company force me to take 1 hour vacation time to make it up

Asked on June 15, 2009 under Employment Labor Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Exempt employees are paid their full weekly salaries regardless of the actual hours they work. Since there's no regard to hours, the company can't make you use an hour of vacation time to bring your hours to 40--hours don't matter. (Exception: if you worked less than half a day one day, it might not be unreasonable for the company to require you to treat that as a vacation day and require you to use a day of vacation to be paid in full for that week.)0

It all should balance--if one week an exempt employee comes out ahead by being paid for less than full hours, odds are next week, he or she worked more than full hours without getting overtime.

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