Am I owed money if I’m forced to work 45 hours a week of salary pay when my paystub reads that I’m only getting paid for 40 hours a week?

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Am I owed money if I’m forced to work 45 hours a week of salary pay when my paystub reads that I’m only getting paid for 40 hours a week?

We are told as store managers it is mandatory to work 45 hours a week on a salary base pay. However, on my paystubs it reads I’m only getting paid of a 40 hour week salary. I’m have documents going back 2 years that state I have only been getting paid for 40 hours a week. Those additional hours i feel are owed to me so I contacted corporate on the situation and they responded with an unclear answer. It is an error and it is mandatory that I work the 45 but once again very big error going back 2 years. Am I owed this money?

Asked on July 31, 2019 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are salaried, your weekly salary is your entire pay for the week--no matter how many hours you work. Due to how payroll systems work, they commonly show 40 hours (the usual "full time" work week) as the "hours" for salaried staff, whether they work 30 hours, 40, 50, or more--the system generally needs to show something, even though hours are not in fact counted for salaried staff. Ignore what the paystube says about hours--if you are a salaried manager, it is irrelevant and has no bearing on your earnings.


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