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Depends on what state you live in and if its a fixed salary or hourly salary, for instance, in MA (time + 1/2 for overtime by law) if you get paid $10 per hour and work more than 40 hours in a week, every hour over that you will get paid $15. On the other end if you get paid $500 a week fixed salary that means if you finish all your work for the week by Tuesday, or if it doesnt get done until Sunday you get paid the same (an argument from the employer could be if you finish your work early/sooner than others should they pay you less because you didnt work as long?). You should talk to your employer about it and check any handbook/job description/contract you may have. if you are desputing with your employer about it you may want to seek legal advice to be sure of the legality of the situation. Another example would be, an automotive technician gets paid $20 flat rate, he/she gets a job that the industry standard pays 10 hours for, whether it takes them 5 hours or 15 hours to complete the task they still get paid for 10 hours.

The method of payment is irrelevant to qualifying for overtime. Getting a weekly or monthly poaycheck has NOTHING to do with qualifying for OT - only job duties matter. If your job duties are those of an overtime eligible employee, you qualify for OT. Your employer's preference or handbook is irrelevant.

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13y ago

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Related Questions

What is an exempt and non exempt employee?

Exempt employees are 'exempt' from federal overtime rules and regulations, based on specific qualifications put forth by FLSA rules. (Executives, professionals, etc.) Non-Exempt employees are paid by the hour, and are subject to federal overtime rules (time and a half, for all hours worked over 40 in a pay week.) All hourly employees are non-exempt, all exempt employees are salaried, but not all salaried employees are exempt. Salaried employees must pass specific FLSA criteria to be categorized as 'Exempt', and therefore exempt from overtime rules.


Can salaried employees collect overtime pay?

Salaried employees are paid a fixed wage, however many or few hours they may work.


Do you get overtime with salary pay in Iowa?

By federal law, salaried employees are not required to get overtime pay. Your company may offer bonuses or incentives though.


What are the labor laws in Virginia that specifically apply to salaried employees?

Salaried employees in Virginia are generally entitled to minimum wage and overtime pay as per federal law. However, there are no specific state laws in Virginia that govern the payment of wages or overtime for salaried employees beyond what is required by federal law.


What are the Maryland overtime laws for salaried employees?

In Maryland, salaried employees are generally entitled to overtime pay if they work more than 40 hours in a workweek, unless they are exempt under certain categories such as executive, administrative, or professional roles. The overtime rate is 1.5 times the regular rate of pay for each hour worked over 40 hours in a workweek.


Is it a law that all salary employees are going to hourly pay?

No, it is not ... at least not without some qualifications.The US is changing its rules regarding exempt employees (the new rules go into effect December 1 2016), and employees at the low end of the salary range may no longer qualify for exempt status. So SOME salaried employees may be going to hourly pay (which among other things, means they will now be eligible for overtime pay).


Can salaried employees receive double time pay?

Yes, salaried employees can receive double time pay in certain situations, but it depends on company policies and state labor laws. Generally, salaried employees who are classified as exempt under the Fair Labor Standards Act (FLSA) are not entitled to overtime or double time. However, non-exempt salaried employees may qualify for additional pay if they work beyond a specific threshold, such as weekends, holidays, or excessive overtime hours. Some employers voluntarily offer double time for extended shifts or holiday work as an incentive, even if not legally required. States such as California have strong labor rules that require double time for hours over 12 in a day or more than eight on the seventh consecutive workday. To determine eligibility, employees should consult their employment contracts, company rules, or state labor regulations. If you are confused about your compensation rights, speak with HR or a labor attorney.


Can you as an employer change a salaried employee to hourly at a lower pay rate?

As long as the employer properly applies federal wage rules to deciding whether you are overtime eligible, it can change you from salaried to hourly. The employer can reduce your pay rate, but you need not stay. Quit without giving notice.


Which of these employees are eligible for overtime and holiday pay?

hourly employees


What is Salaried employees?

A salaried employee - is paid monthly - by dividing their annual pay by 12. A waged employee is paid weekly - by dividing their annual pay by 52.


Do FBI agents get overtime pay?

nope ... it's a salary job ... you don't get paid by the hour ...


is their a technical way to legally avoid paying an employee overtime pay when an employee works fifty hours in one week?

Yes if the employee is salaried then the company does not have to pay overtime, only comp time.

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