I dont even know how to word this. I'm salary, I work 55+ hours a week. I'm only payed for 40 hrs and 8 hours over time. Am I being swindled?
- xxx000auLv 72 months ago
If you cant see that, I hope your not in accounting.
- xyzzyLv 72 months ago
If you are on salary you should not be getting paid any overtime. Being on salary means you get paid a set amount a month or year regardless of how many hours you work. If one week you work 25 hours you get paid the same as if you work 55 hours. In a word no you are not being swindled.
- Little PrincessLv 72 months ago
The factor you need to determine is whether you are an exempt employee or not. Exempt employees are not guaranteed overtime pay by law. Any overtime pay they get has to be negotiated separately with their employer.
There's a whole list of factors that would determine whether you're an exempt employee or not. You can google the "Fair Labor Standards Act" to get information that will help you determine that. Below is one of the links I found from doing that.
- joensfcaLv 72 months ago
Your salaried or hourly. If hourly you should get paid for every hour worked. If salaried it does not matter how many hours you work.
What Determines if an Employee is Salaried or Hourly
The distinction between salaried and hourly employees is based on the type of work done by these employees and their status as being exempt or not exempt from overtime.
If an hourly employee works more than 40 hours a week, he or she may be eligible for overtime pay (federal law). State laws also regulate when overtime may be paid and the rate of pay.What is a Salaried Employee?A salaried employee is paid based on an annual amount, called a salary. This salary is divided between the pay periods (as determined by the company) for the year and based on a 2080-hour year. Some salaried employees are given an employment contract.The U.S. Department of Labor says that anyone paid a salary must meet the "salary basis" test which states that someone who has a predetermined amount of compensation each pay period that can't have their pay reduced because of variations in the quality or quantity of the employee's work. If the employee is ready, willing and able to work, their pay can't be reduced for times when work isn't available. 1What is an Hourly Employee? An hourly employee is paid based on an hourly amount.Hourly employees don't have a contract and are only paid for hours worked. The employer determines the hours for an hourly employee each week. Hourly employees must document their work by using a time card system or completing a timesheet, which the employer verifies. The timekeeping method you use must be complete and accurate. 2There is no federal requirement that an hourly employee must be given a specific number of hours of work a week. Employees who work less than full-time are considered part-time, and they may have different pay rates, benefits, and paid time off than full-time hourly employees.Salaried Employees vs. Exempt EmployeesBeing paid a salary usually, but not always, means an employee is "exempt." If an employee is exempt, you don't have to pay them overtime, but there are some specific requirements for considering an employee as exempt.Federal law has two specific requirements for paying employees:All employees must be paid at least the federal minimum wage,Employees must be paid for overtime at the federal minimum rate of 1 1/2 times their hourly pay for all hours worked over 40 hours in a workweek.But federal law allows employers to consider some employees as being exempt from both minimum wage and overtime pay based on their job descriptions: executives, administrators, professionals, and outside salespeople. Most exempt employees are paid a salary, but some made be paid on a fee basis, and there is also an exemption for highly compensated individuals paid over $107,432 (effective January 1, 2020; $100,000 before 2020) .1Employees are designated as exempt on a case-by-case basis, based on their job description. This DOL Fact Sheet includes details on exempt status requirements for each type of exempt employee.When You Must Pay Overtime for Exempt EmployeesYou may need to pay overtime to some salaried employees if their pay falls below a federal minimum amount. This amount is $684 per week (equivalent to $35,568 for a full-year worker). This pay level is effective beginning January 1, 2020. (The pre-2020 amount was $455 a week.) You may be able to use bonuses and commissions up to $10,000 to meet this requirement.3Just to be clear, if you pay a salaried employee less than $684 a week or $34,468 a year, this person must receive overtime pay at the federal minimum rate of 1 1/2 times the hourly rate for all hours worked more than 40 in a workweek.https://www.thebalancesmb.com/salary-vs-hourly-emp...
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- YKhanLv 72 months ago
Yes. You should be paid 40 hours plus 15 hours overtime. So you're only getting half your overtime.
- Uncle PennybagsLv 72 months ago
Salary workers are often expected to work OT for no additional pay.