Q: Can I roster my employee for as many hours as I want if she is paid a salary?
A: Long hours are not unheard of in the hospitality industry and senior employees are often paid salaries rather than an hourly rate. Remember, you still have the same obligations to someone who is on a salary. Here are some points to bear in mind.
If your salaried employee works on a public holiday you need to pay them time and a half and, if they would have otherwise worked on that day, a day in lieu.
You still need to keep wage and time records and keep an eye on whether they are being paid at least the minimum wage.
If the person might work more than 40 hours per week, they need to agree to this and it should be recorded in their employment agreement. You also need to do what you can to make sure their work takes place over five days of the week, even with the extra hours.
Your obligations to keep the employee safe and healthy include making sure they are not so overworked they cannot complete their tasks safely. You also need to keep an eye out for signs of stress and burnout. You have overall obligations of good faith towards the employee, as well.