What am I suppose to make per check on salary?

UPDATED: Oct 1, 2022

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What am I suppose to make per check on salary?

My boss recently told us that
anyone who works 6 days a week as
I do for the last 7 months will be
on salary. My checks are 1,450.00
every 2 weeks. I’m working 6 days a
week 10 or 11 hours a day at times.
Is that legal?

Asked on October 27, 2018 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no salary minimum per se. There is a minimum to be exempt from overtime.
Under both federal and state (CA) law, employees receive overtime unless they are exempt. Being on a salary is one of the criteria to be exempt, but it is not the only one: salaried staff can receive overtime.
To be exempt: 
1) You have to be paid a salary--which you are.
2) Your salary must be at least $455/week--which yours is (you are apparently earning $725/week).
3) You must ALSO meet one or more of the "exemptions" for overtime, based on job authority and responsibilities. You can find these on the U.S. Dept. of Labor (DOL) website under "overtime." Look them up and compare to your job. (Don't forget to compare the "executive" exemption, which applies to all supervisors and managers, not just executives.) If your job meets at least one exemption, you are not entitled to overtime.
BUT if your job does not meet at least one exemption, then you are eligible for overtime when working more than 40 hours in a week (under both federal and state law) or 8 hours in a day (under state law). 
Overtime pay is calculated like this: divide your weekly salary ($725) by 40 to find the effective or equivalent hourly rate: $725/40 is approximately $18/hour. For each hour of overtime, you receive additional or extra pay, over and above you salary, equal to 50% of your base rate (or an extra $9.00 and some cents).
If you believe you should be getting overtime but are not, contact the state or federal dept. of labor about filing a complaint. Good luck.

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 AttorneyPages.com 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.

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