Am I still entitled to my full pay?

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Am I still entitled to my full pay?

I’m on salary and was fired today. Since I was on salary, I did not clock in and out as hourly employees do. Due to this, not all of my hours were entered into the payroll system at the time that my final pay was caclulated. Am I still entitled to receive for the hours missing on my time card?

Asked on July 12, 2019 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are not paid by hour as a salaried employee: your pay is independent of the hours worked. You are paid an annual salary, broken into 52 weekly installments: i.e. each week you get 1/52nd of your annual salary (each day of the work week that you work at all you get 1/5th of the weekly amount). Ex: if you have a $52k/year salary, you get $1k/week, or $200/day. It doesn't matter if you work 2 hours a day or 12; or 25 hours in a week or 75; etc. If paid the appropriate amount for the weeks you worked, you were paid the right amount, regardless of hours.


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