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Salaried contractor vs Billed hours to client company

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rpearce63

Junior Member
What is the name of your state (only U.S. law)? Illinois

If an employee is exempt/salaried, and works more than 40 hours in a week, I understand the contract company does not have to pay more than the regular salaried amount. Can the contract company bill the client company for the additional hours, yet not compensate the employee? It seems the contract company wants to treat the employee as salaried when it suits them, but bill hourly to the client. They require the employee to work and log 40 hours each week, but if they are salaried, doesn't that also mean that technically they get the same pay even if they don't work 40 hrs?

Even if technically legal, it seems patently unfair for the contract company to use the rules to expect the maximum from the employee and go out of their way to compensate the absolute minimum they can get away with.
 


justalayman

Senior Member
what the company bills a client and what they pay you have nothing to do with each other. They can do exactly what they are doing (as long as classifying you as exempt is in fact legitimate) with paying you salary and billing the client an hourly charge.

the only real question is; can they actually classify you as exempt. What are your job duties?
 

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