If an employer requires a 50 hour work week for salary exempt employees, how is my hourly pay calculated?

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If an employer requires a 50 hour work week for salary exempt employees, how is my hourly pay calculated?

Asked on July 11, 2012 under Employment Labor Law, California

Answers:

Aryeh Leichter / Leichter Law Firm, APC

Answered 9 years ago | Contributor

For a properly classified salaried employee, there is no one right or legal way to calculate that employee's hourly rate since it has no practical effect (as opposed to a non-exempt, salaried employee whose regular rate of pay is needed to determine his/her hourly rate for overtime).  If you were a non-exempt employee (or are being wrongfully misclassified as exempt), your regular hourly rate would be your weekly pay divided by 40.  To determine your weekly pay if paid a monthly salary, divide your salary by 4.33333.  To determine your weekly pay if paid an annual salary, divide your salary by 12.

Please contact me (213-381-6557 or [email protected]) if you would like to discuss the matter further.

Ari


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