Can an employer require that exempt employees who are full-time work 40 hours per week.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an employer require that exempt employees who are full-time work 40 hours per week.

Asked on June 23, 2009 under Employment Labor Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 15 years ago | Contributor

Yes. If you are exempt employee, there is no upper limit on how many hours you could be asked to work--think about the hours not uncommonly worked by lawyers, doctors, corporate management, the assistants to upper-level management, etc. The exceptions would be if there is a contract or some industry/professional limit, the way airline pilots often have maximum hours.

The real question is whether you are in fact an exempt employees. Basically, exempt employees are:

Management, if they really *are* management (supervise other people, have considerable discretion)

Professionals whose jobs require advanced or technical training--like doctors, lawyers, engineers, accountants

Admistrators, IF they exercise considerable discretion

In-house sales representatives, most non-managerial people in marketing, most secretaries, and lower level editors or graphic artists, are, for example, jobs that are often incorrectly characterized as exempt when they are not.

If you job in fact is not an exempt one, then you'd be paid hourly and could get overtime.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption