Am I considered an hourly employee if my employment offer states ‘Base pay with an annual amount and non exempt?

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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 2 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.


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