The salary for this position has been set at $7.50 per hour and the employee will be working 20 hours per week, totaling $150 per week. But, since this employee will only be working part-time, can the minimum salary requirements be prorated (i.e., divided in half) to account for the reduced hours of work?
Answer: Unfortunately, the regulations do not distinguish between full-time and part-time employees. Absent such a distinction, and based on the regulation’s mandate that salaried employees "must" be paid their full salaries in any given workweek "without regard to the number of days or hours worked," the salary requirements may not be reduced.
Cite: 29 CFR §541.2; 29 CFR §541.201 through .215; and 29 CFR §541.602. Wage & Hour Opinion Letter No. 2022, February 25, 1997, 99-02 CCH WH 32,843.
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