FLSA doesn't require paying exempt employees extra for special projects

Q         If an exempt employee is asked to help on a proposal (not part of his normal job duties) and he expected to be compensated but wasn't, is that an issue? Someone also asked him to track his time. Can we pay him a bonus instead?

A   As an exempt employee, he is due his agreed upon salary each week regardless of how many or few hours he works. The Fair Labor Standards Act (FLSA) doesn't require you to pay him additional compensation for working on special projects in addition to his regular duties.

Outside of the FLSA, and depending on the exact communications with him, it's possible the company became obligated to pay him additional compensation for the task. If you compensate him for the time, you can do so in any manner—at an hourly rate for the extra hours or as a lump sum payment such as a bonus.

Martin J. Regimbal is a shareholder with The Kullman Firm in Columbus, Mississippi. You can reach him at 662-244-8825 or mjr@kullmanlaw.com.