What are my rights as an exempt salaried employee?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights as an exempt salaried employee?

On my last week I worked 40 hours, but worked Saturday – Wednesday Wednesday being my last day. They stated that as an exempt employee it did not matter how many hours I worked, I only worked 3 work days M-F and paid me as such. Is there any laws regarding being either paid hourly on the last week or getting half of my normal paycheck we are paid bi-weekly.

Asked on August 28, 2015 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are an exempt salaried employee, you are paid the same salary for any work week including your last during which you work part or all of at least five 5 work days typically, but not necessarily, Monday to Friday. An employer cannot dock you pay for working only part of a day but they MAY reduce your pay for missing entire days of work. Moreover, if you work on a day, you are paid the same for that day whether you work 4 hours, 8 hours, 12 hours, 16 hours, or even 24 hours that is, as a salaried exempt employee, the only thing that matter is how many days you work, not how many hours each day. Therefore, if your last week you worked 40 hours over three days, then they only had to pay you for three days of work, or 60% 3/5 of your normal weekly salary.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption