What am I suppose to make per check on salary?
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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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 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.
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