Am I considered an hourly employee if my employment offer states ‘Base pay with an annual amount and non exempt?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I considered an hourly employee if my employment offer states ‘Base pay with an annual amount and non exempt?
My employment offer only states an annual base pay along with non-exempt. I’m
trying to gain a clear understanding as to what defines me as an hourly employee
or if I’m a salaried non-exempt employee? My offer letter does not make any
statement of me being paid on an hourly basis or an hourly rate.
Asked on April 12, 2018 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Typically, when offered pay on an annual basis, you are salaried: salaries are calculated on an annual basis, then earned in equal weekly installments (and typically paid biweekly or semimonthly). Hourly wages are given by the hourly rate, not by an annual amount, since they cannot calculate your annual pay in advance--they don't know in advance how many hours you will work.
Non-exempt means you can get overtime if you work more then 40 hours per week (or more than 8 hours in a single day in your state): salaried staff can earn overtime if the earn too little (less than around $23,500 per year, approximately) or if their job duties and authority do not meet one or more of the exemptions (like the administrative employee exemption, professional exemption, or executive exemption) found on the U.S. Dept. of Labor website.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.