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Hourly vs Salaried Non-Exempt

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lawrencebe

Junior Member
Recently I have noticed on several of my paychecks that I have worked 88 hours in a pay period (semi weekly pay). While I am salaried non-exempt at my job I feel as though because of the salaried title I am not receiving overtime for the extra day I work. I feel like if I was hourly I would have been paid time and 1/2 for that extra day. So if I want to be paid for that extra day should I be paid hourly non-exempt?
 


cbg

I'm a Northern Girl
Overtime is calculated by week, not by pay period. Have you asked your payroll office to explain to you how things are calculated?
 

lawrencebe

Junior Member
I'm located in California and I we have some periods on paycheck where we work 40 hours one week and 48 hours another week. In that 48 hour week we're not paid overtime for the extra I believe because we are salaried not hourly. So I'm trying to see if my line of logic is correct.
 

lawrencebe

Junior Member
And also my HR was not very helpful in explaining this as they redirected to my supervisor who has no idea either.
 

ShyCat

Senior Member
Do you receive your salary twice a month (24 times per year) or every two weeks (26 times per year)?
 

eerelations

Senior Member
Please note OP that by law, salaried non-exempts and hourly non-exempts are to be treated exactly the same way with regard to wages and overtime pay. So your "line of logic" is incorrect.
 
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lawrencebe

Junior Member
Please note OP that by law, salaried non-exempts and hourly non-exempts are to be treated exactly the same way with regard to wages and overtime pay.
Where can I find this information as I have looked on the labor law website and I'm having difficulty finding this.
 

Zigner

Senior Member, Non-Attorney
Where can I find this information as I have looked on the labor law website and I'm having difficulty finding this.
If a person is non-exempt, then they are entitled to overtime pay. I'm sure that's on just about any labor law website you are searching.
 

eerelations

Senior Member
Where can I find this information as I have looked on the labor law website and I'm having difficulty finding this.
That's because there are no laws anywhere in the US that address hourly-paid workers and salaried workers. And because there are no laws on this, there is nothing to write about on the labour law website.

All the law is concerned about is whether workers are exempt or non-exempt. If you are non-exempt, then you must be paid for all the hours you work, and at time-and-a-half overtime rates for any hours you work in excess of 40 in a seven-day period.

That said, I have noted that you are paid 24 times per year. This means that your paycheques cover more than two seven-day periods. Using the example you provided, it appears that you worked 40 hours in the first seven-day period, 40 hours in the second seven-day period, and eight hours at the beginning of the third seven-day period. Because you are non-exempt, your employer is required to pay you for all of these hours. But because you didn't work in excess of 40 hours in any of the seven-day periods, your employer is not required to pay you any of the hours at overtime rates.

This explanation has nothing whatsoever to do with you being salaried. The exact same explanation would apply if you were hourly. However, things are slightly different in California, where employers are required to pay overtime rates for any hours worked in excess of eight in a single day. In the example you provided, did you work any hours in excess of eight in a single day?
 
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lawrencebe

Junior Member
That's because there are no laws anywhere in the US that address hourly-paid workers and salaried workers. And because there are no laws on this, there is nothing to write about on the labour law website.

All the law is concerned about is whether workers are exempt or non-exempt. If you are non-exempt, then you must be paid for all the hours you work, and at time-and-a-half overtime rates for any hours you work in excess of 40 in a seven-day period.

That said, I have noted that you are paid 24 times per year. This means that your paycheques cover more than two seven-day periods. Using the example you provided, it appears that you worked 40 hours in the first seven-day period, 40 hours in the second seven-day period, and eight hours at the beginning of the third seven-day period. Because you are non-exempt, your employer is required to pay you for all of these hours. But because you didn't work in excess of 40 hours in any of the seven-day periods, your employer is not required to pay you any of the hours at overtime rates.

This explanation has nothing whatsoever to do with you being salaried. The exact same explanation would apply if you were hourly. However, things are slightly different in California, where employers are required to pay overtime rates for any hours worked in excess of eight in a single day. In the example you provided, did you work any hours in excess of eight in a single day?

No I did not and we do get paid for anything worked over 8 hours in a day. So my next question is if we were hourly would it make a difference for that extra day as we would be paid by the hour? Example instead of being at a salary of $1000/m
would $12/h be better or does this make a difference. I appreciate all the help and feedback you've really been great!
 

Zigner

Senior Member, Non-Attorney
No I did not and we do get paid for anything worked over 8 hours in a day. So my next question is if we were hourly would it make a difference for that extra day as we would be paid by the hour? Example instead of being at a salary of $1000/m
would $12/h be better or does this make a difference. I appreciate all the help and feedback you've really been great!
Unless you're one of the exceptions of working 4/10's, then you are supposed to be paid overtime for any hours worked over 8 in a day, as well as over 40 in a week.
 

eerelations

Senior Member
No I did not and we do get paid for anything worked over 8 hours in a day. So my next question is if we were hourly would it make a difference for that extra day as we would be paid by the hour? Example instead of being at a salary of $1000/m
would $12/h be better or does this make a difference. I appreciate all the help and feedback you've really been great!
As I said before (several times, I believe), OT pay laws do not distinguish between hourly non-exempts and salaried non-exempts. So no, obviously you being hourly would not make a difference.
 

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