Set wage per days worked?

UPDATED: Sep 30, 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: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Set wage per days worked?

I work at a small business where I am paid $150 a day before taxes. I do work

Monday – Friday and not always 40 hours. I asked my boss if I am salary and he said no, it is a set wage per days worked. I was wondering what this means

towards the new federal laws concerning pay and if this is even a thing since I

cannot find anything about it online?

Thank you

Asked on September 3, 2016 under Employment Labor Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

It is legal, subject to the following caveats:
1) It must always work out to at least minimum wage, if you were to divide the $150 by the hours worked per day--which should not be a problem.
2) $150 per day works out to (5 day week; 52 weeks per year) the equivalent at maximum of $750/week x 52, or $39,000 per year. That means that you are below the new threshold to be exempt from overtime, were the per-day wage to be considered equivalent to a salary (a good argument can be made that it is, since an employer has the right to not pay a salaried employee for days he/she does not work at all). That in turn means that IF you were work more than 40 hours in a week, you'd have to earn an overtime premium for hours worked past 40. The most common way to calculate it would be to divide the $150/day by your average daily number of hours (say, 8), to get the hourly equivalent, which would be (in this example) $18.75 per hour. For any hours worked past 40 in a week, you would then earn an extra $9.375 for each post-40 hour.

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