If we work 50 hours a week but only get paid for 40 because we are

At my job we are

Asked on March 22, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are salaried, then you are paid a set salary regardless of how many hours you work--if you work more, you are still paid the same, and if you work less, as long as you don't miss entire days at a time (if you miss a whole day, you can be docked 1/5 of the weekly salary, unless you use PTO), you are also paid the same amount. So 30 hours, 40, or 50, it's all the same salary. 
If you have a written contract saying you are hourly, then while that contract is in force (e.g. until it expires), you must be paid on an hourly basis. If you don't have an enforceble contract, however, your employer may change how you are paid at will, and could pay you a salaried basis (so no extra pay for extra hours) so long as they are consistent (e.g. don't dock your pay if you happen to come in late or leave early some day).


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