My employer says that my salary is based on a 50 hour work week. Can he do that or does it have to be 40 hrs.

Question

I have heard that they can only do 40 hours and have to pay overtime for the other 10 but i am now sure how it works

Answer 1

Never heard of such a thing. First of all you do not mention if you are paid by the hour or annual. This is very important to know. Also you do not state what type of work you do. Under the Federal Labor Standards Act you need to meet a number of tests to determine if you are required to be paid hourly or annually. You can be paid annually as long as it does not fall under FLSA standards, but again this also depends on the type of work you do. For example, in the Information Technology industry Field Technicians and Help Desk staff are required to be paid hourly unless they earn at minimum 100K a year or more. You do not offer enough information to be given a through and informative response.

Answer 2

If you are in the US and are covered by federal overtime laws, your employer has to pay you overtime at time and a half for hours over 40.

If you are in management and are making over around $24,000 a year, or are in certain high-paying jobs, you might not be covered. But most employees ARE covered.

If he's saying that your normal scheduled work week will be 50 hours and here's what your total pay will be for the 50 hours, he might be able to do that as long as that comes to paying you at least the minimum wage, including time and a half for overtime. If he's doing that though, he should state your rate on an hourly basis. It's perfectly legal to have you work over 40 hours a week regularly, but for most people, payment of overtime is required by federal law for hours over 40. Calling somebody "salaried" does not relieve the employer from the requirement to pay overtime.

Answer 3

If you're a salaried employee, then that is the way that it works. This means that you will be paid your salary every week regardless of how many hours you work. If you work 30 hours that week instead of 50, you'll still receive that same paycheck. If you work 60 hours that week instead of 50, you will receive the same pay check. You are not eligible for overtime.

If you're hourly, you're paid by the hour and are eligible for overtime and that work week should be 40 hours with every hour worked beyond that being overtime. This is in the US.

If sounds like you are a salaried employee but you should look at your employment contract to verify that.

I'm salaried and I am not paid for overtime. There are laws involved, this much is true but I don't know what you do for a living and neither does anyone else answering this question. Review your employee contract. This is 2007 and I'm pretty sure that no employer is going to risk his neck doing something that is illegal. If that is what he is saying to you, then they have a legal right to do with they're doing. You just need to find out why.

Answer 4

Of course it can be based on a 50 hour work week. Many jobs are based on a similar situation.

As far as overtime goes it depends on whether or not you are exempt from overtime or non-exempt and hourly. You need to find that out first.

Answer 5

If you have an employee handbook read thru that. If not ask your employer if the additional 10 hours is overtime? That sounds odd to me but you might as well ask.

Answer 6

if you read the working time directives it states that you can work up to 48 hours per week but that is with your consent he cannot make you do over this. This is for the UK by the way. have a look at the link below!

Answer 7

shoot him