Q. Do small business employees in our corporate structure rely on the 500-employee limit? (c) This particular derogation from the wage requirements of the FLSA exemption or the variable wage requirements for weekly work applies only to workers of insured employers entitled to FMLA leave and leave considered as FMLA leave. For example, hourly or other deductions that do not comply with 29 CFR Part 541 or 29 CFR 778.114 cannot be deducted from the wages of a worker who works for an employer with fewer than 50 employees or if the worker has not worked long enough to qualify for FMLA leave without potentially affecting the worker`s right to the exemption. In addition, deductions that are not permitted under 29 CFR Part 541 or 29 CFR 778.114 may be deducted from such a worker`s wages for leave that is not considered FMLA leave, for example. B deductions from a worker`s salary for leave required by State law or by the policy or practice of an employer, which is not considered FMLA leave. (z.B. the management of a grandparent or an illness that is not considered to be a serious health condition, serious injury or illness; or for a more generous holiday than those granted by FMLA. Under these conditions, employers may comply with state laws or their own employer policy/practice and maintain the worker`s right to the exemption or fluctuating wage method of the working week by not making hourly deductions from the worker`s wage in accordance with the requirements of the FLSA or by making such deductions, treating the worker as an hourly worker and paying overtime bonuses, who have worked during a work week of more than 40 years. However, the second option remains imperfect, as we generally do not have a record of hours worked for exempt employees. To resolve this issue, you can track these hours in general for the purposes of intermittent FMLA vacation management. Alternatively, if you have not done so, you must agree with the employee on the amount of his “normal” schedule or the average working time – because you must agree on the hourly rate and what hours will not be paid. It is essential to document this agreement in writing.

But what if an exempt employee is able to work from home and wants to take intermittent leave for one of the other qualified reasons for EPSLA leave, where the salary is only two-thirds of the daily allowance limited to 200 $US? The first question in this case is whether the holidays could be eligible for a classic FMLA leave due to a serious state of health. If this is the case, the rule in section 825.206 applies and the deduction has no influence on the exemption. As you can see, the answer to your question is complicated. So we end where we started: if the employee does all the work of the work, but has to take a break for reasons eligible for FFCRA leave, the simplest administrative practice may be to pay only full salary. Stay with Stevens &Lees Alerts and Newsletters and the COVID-19 Resource CENTER for further updates, as coronavirus-related developments, which impact workers` rights and employers` obligations, are developing under the FFCRA and other federal, state, and local laws. In the meantime, if you have any questions about the impact of this or other changes in labor law on your company, please contact Joseph P. Hofmann of jph@stevenslee.com, Daniel J. . . .