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I am on salary but work 45 hours a week should you get paid overtime?
Wiki User
∙ 14y ago
Per Federal Law, you need to understand the definitions used for pay. Non-exempt is usually an hourly employee and Exempt is usually a salaried employee. Some salaried employees are non-exept. Their salary is based on a 40 hour or pre-determined number of hours a week. If they work more than their determined number of hours per week, they get overtime pay.
Exempt employees are exempt from the overtime laws. You are paid a salary per pay period no matter how many hours over 40 you work. You can work 40 hours or 90 hours and you will get the same pay either way.
Non-exempt employees are not exempted from the overtime laws. If a non-exempt employee works more than 40 hours per week, they are required to receive overtime pay. One thing to remember is that overtime is only used for hours actually worked in excess of 40 hours per week. If you get 2 day of holiday pay (Christmas usually), those 16 hours of pay do not count for overtime purposes. You would have to work more than 40 hours in the days that you did not have off.
Wiki User
∙ 14y ago
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should you be paid overtime rates for sick, holiday or vacation pay?
You should only be paid overtime rates for work performed over 8 hours a day or 40 hours a week.
Does being of the management team mean you will never be paid overtime?
If the management team is paid a salary instead of an hourly wage, then they will not be paid overtime.
What Does Salary Employee Mean?
A salary employee means that you are paid a yearly salary, not an hourly or weekly salary. Although you may be paid weekly or bi-monthly, etc, the amount is a prorated per payday. A salary employee, in most cases, does not get paid overtime, although they may be required, or even expected to do overtime.
Do Zoologist get paid for overtime?
yes they do make some money but can be used as donating your time to help.
Does an employer have to pay overtime if you work more than 7 days in a row and you are salary?
Generally no. A person who is correctly identified as exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) does not have to be paid overtime regardless of the number of hours worked.
Can employer change pay status from hourly to salary without notice then refuse to pay overtime?
Yes they can but they must also give you a reasonable amount of time as notice which is normally a week or a month depending on the company's policy regarding payment changes. As to refusing to pay overtime, salary pay is payment for a job done to completion so if it takes you five hours to do and you get paid for eight then basically get paid 3 hours sat in the canteen drinking tea, but if the job takes you 10 hours, then you only get paid for the 8 hours.
If working overtime a worker is paid by?
A worker is paid by how many hours or how long the worker worked overtime. It depends on the company too.
In the state of Colorado if you are a salaried work and have been working overtime are you entitled to overtime pay or not ?
Unfortunately if your position has a set salary and you are not a hourly paid employee than you are not entitled to being paid for overtime, even in the state of Colorado.
How many hours are considered as overtime when working part time?
Overtime is a subject of each state's laws. In most cases, after 40 hours, overtime must be paid.
What is a fluctuating workweek, and how does it affect overtime pay?
The fluctuating workweek is a method of calculating overtime when the number of hours you work fluctuates week-to-week. Does your work schedule vary from week to week? If so, your employer may be paying you on a “fluctuating workweek” basis. Your Ohio Unpaid Overtime attorneys explain everything you need to know to ensure you are being paid overtime at the correct rate. Under the Fair Labor Standards Act (FLSA), employers generally must pay their hourly-paid employees overtime, at a rate of one-and-one-half times the employee’s regular hourly rate, for all hours worked over 40 in a workweek. Many employees are paid by the hour, so an overtime calculation is simple – the employee’s hourly rate is multiplied by one-and-one-half to calculation the overtime rate. However, some employees are paid on different bases, such as salary, commission, or piece-rate, and work a varying number of hours each week. Under the fluctuating workweek method,[1] a non-exempt employee will receive a set weekly salary regardless of how many hours he or she works, plus an additional amount as overtime pay for all hours worked over 40 per workweek. For all overtime hours, the employee receives an additional “half time” hourly rate. For example, if an employee receives a weekly salary of $800 per week, they will receive this amount regardless of whether they work 20 hours or 40 hours per week. If, however, the employee works 50 hours per week, they will receive their $800 weekly salary plus overtime pay for 10 hours of overtime. The employee’s regular rate of pay in this example is $16 per hour ($800 weekly salary divided by 50 hours worked). Thus, in addition to their $800 per week salary, the employee receives an additional $80 as overtime pay (half-time rate of $8.00 per hour x 10 overtime hours). If you believe that you are not being paid overtime correctly or have other questions related to you wages or employment, reach out to your Columbus Unpaid Overtime Lawyers today for a free consultation. Mansell Law LLC Columbus Employment Attorneys
Is it illegal to get paid a normal salary if you're working overtime?
The Fair Labor Standards Act says that most workers have to be paid "overtime" (more than 40 hours each week) at the overtime rate (50% more than your normal pay). There is an exception for high level managers. But not everybody who gets paid a salary instead of an hourly wage is a high level manager. Low level managers and supervisors still have to be paid overtime just like the blue-collar grunts on the assembly line. Check with your state's Department of Labor if you think your employer is not following the law.
What does overtime rate mean?
That means how much you are paid for each hour you work OVER 40 HOURS. It should be at least 50% more than you're paid for each of the first 40 hours.
