Can I be considered salary working part time?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I be considered salary working part time?

I just got a part-time job that I love and I’m being paid 12.50 an hour, however
I have read and heard some shady things about the place. From my understanding
this was a salary job, so if I needed to stay over to work or take work home with
me I was fine with that. However everything I’m reading says a salary employee
is required to be paid 455.00 a week. At 12.50 an hour that only puts me at
312.50 a week. Is this something I should bring up or is this illegal? I’ve
already worked about 7-8 hours off the clock since starting 3 months ago and I
just want to know if this is normal.

Asked on October 29, 2017 under Employment Labor Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, it is not that a salaried employee must be paid $455 per week. Rather, $455 per week is the threshhold for being exempt from overtime; a salaried employee paid less than $455 per week gets additional pay (overtime) when he/she works more than 40 hours per week (which may be a non-issue for you, if you work part-time hours).

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption