Can an employer offer you 2 different types of salary for the same job?

UPDATED: Sep 30, 2022

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Can an employer offer you 2 different types of salary for the same job?

Can an employer offer two options for their hourly wage with the same job title? Option 1 – work full-time with no overtime at $9.00/hour to start or Option 2 – work full-time with overtime at $8/hour to start.

Asked on May 26, 2017 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Any employer can offer you ANY number of different options: the law does not specify how or how much jobs are paid, and it is whatever the employee agrees to work for and the employer is willing to pay. The two parties can certainly consider options rather than a single "take it or leave it" offer.
Be aware though that IF you are hourly and work more than 40 hours in a week, you MUST be paid overtime--that is the law, and the employer cannot make you give up that right. The only way to not pay an hourly employee overtime is to not let him/her work more than 40 hours in a week.

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