What constitutes being a salaried or hourly employee?

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What constitutes being a salaried or hourly employee?

At my current job I am paid salary. However, if I don’t meet the 80 hour requirement I am docked for each hour I miss it by. And if I go over 80 hours I don’t get paid any over time pay. It’s like I’m on salary if I meet or go over hour, but hourly if I don’t.

Asked on December 27, 2011 under Employment Labor Law, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Salaried employees should not be docked for missing an hour--if they are, they are NOT salaried, but rather hourly. (A salaried employee may only be docked for missing a whole day; of course, if a salaried employee doesn't do enough work, he or she could be fired, but that is a different issue.)

If you are hourly, or if you are salaried but still not exempt from overtime, you must be paid overtime for all hours worked past 40 in a single work week. Note that not all salaried employees are exempt from overtime; to be exempt from overtime, you must be paid on a salaried basis and also meet certain tests in regards to duties and authority. You can find those tests at the Department of Labor website.

From what you write, your employer may be violating the law; you may wish to speak with an employment law attorney to see if you have a claim and, if so, what it may be worth.


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