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Florida Law Regarding Salary Pay

Panama City, FL |

I was told that when you're paid on a salary basis that you get paid the same amount regardless of the number of hours you work, whether it's less than 40, or more. Is this true? I consistently work 50-60 hours per week and have always made the same amount on my paycheck, but I recently had to take a day off to accompany my wife on an out of town, pre-op doctor's appointment. When I received my paycheck for that pay period they had pro-rated it and docked my pay for the day that I missed. Is this legal? I don't understand how they can get away with not paying me for the hundreds of hours I've worked that were beyond the 40 hour a week point, but yet they don't have to pay me when I work less than 40. If that's legal then I can't really see the benefit of working on salary.

Attorney Answers 4


  1. This may well be a federal wage/hour issue. There are lots of details that are involved in answering you question. There is a really good possibility that the U. S. Department of Labor representatives in your area can give you a definitive answer. Why don't you start looking at www.dol.gov/elaws/


  2. If you had worked a part of the day you would have been entitled to the full weekly salary. When you are a salaried employee, if you miss an entire day the employer can deduct pay for that day. If you go to work at 8am, for example, and at 9am you leave for an appointment and find that for whatever reason you cannot go back to work, then you get paid for the whole day.


  3. Your question appears to assume that you have some choice in whether you work on a salary or hourly rate. Obviously, if you had the choice, you would normally choose the method that results in the greater compensation. Assuming you don't have the choice, the benefit is not for you, but for the employer. However, the fact that you are paid a salary does not necessarily mean that you are not entitled to overtime compensation. If you are not an exempt employee, you may be entitled to receive overtime for any hours you work over 40 in a work week. If you have some doubt about your exempt statutus, most wage and hour lawyers should be able to advise you on whether you have a claim that can be pursued.


  4. Your question appears to assume that you have some choice in whether you work on a salary or hourly rate. Obviously, if you had the choice, you would normally choose the method that results in the greater compensation. Assuming you don't have the choice, the benefit is not for you, but for the employer. However, the fact that you are paid a salary does not necessarily mean that you are not entitled to overtime compensation. If you are not an exempt employee, you may be entitled to receive overtime for any hours you work over 40 in a work week. If you have some doubt about your exempt statutus, most wage and hour lawyers should be able to advise you on whether you have a claim that can be pursued.