What are my rights as an exempt salaried employee?

UPDATED: Aug 28, 2015

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What are my rights as an exempt salaried employee?

On my last week I worked 40 hours, but worked Saturday – Wednesday Wednesday being my last day. They stated that as an exempt employee it did not matter how many hours I worked, I only worked 3 work days M-F and paid me as such. Is there any laws regarding being either paid hourly on the last week or getting half of my normal paycheck we are paid bi-weekly.

Asked on August 28, 2015 under Employment Labor Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you are an exempt salaried employee, you are paid the same salary for any work week including your last during which you work part or all of at least five 5 work days typically, but not necessarily, Monday to Friday. An employer cannot dock you pay for working only part of a day but they MAY reduce your pay for missing entire days of work. Moreover, if you work on a day, you are paid the same for that day whether you work 4 hours, 8 hours, 12 hours, 16 hours, or even 24 hours that is, as a salaried exempt employee, the only thing that matter is how many days you work, not how many hours each day. Therefore, if your last week you worked 40 hours over three days, then they only had to pay you for three days of work, or 60% 3/5 of your normal weekly salary.

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