If I’m a salaried exempt employee and worked 80 hours over 9 days, can my employer pay me for only 72 hours because I worked my 80 hours in less than 10 days?

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If I’m a salaried exempt employee and worked 80 hours over 9 days, can my employer pay me for only 72 hours because I worked my 80 hours in less than 10 days?

Asked on January 4, 2013 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

A salaried exempt employee is not paid by the hour, but by the day (part or full) he or she works.  For example, take four employees: A works 6 hours a day for 4 days; B works 8 hours a day for 3; C works 12 hours a day for 2 days; and D works 24 hours straight. Those are the only days each works that week (they are furloughed once they finish their projects). All are salaried exempt employees. A gets paid for 4 days of work; B gets paid for 3; C for 2; and D for only 1. Simply put, the number of hours worked does not matter for salaried exempt employees. So as a salary exempt employee, you are entitled to you daily salary for each day, full or partial you worked, regardless of how many hours you worked each day; and are not entitled to extra pay for extra hours.


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