Salaried is only a pay method. What matters is whether you are exempt or non-exempt. Traditionally exempt employees are paid on a salaried basis and non-exempt on an hourly basis but there can be exceptions either way; some computer and some professional exempt employees (lawyers, doctors) are paid by the hour and a non-exempt employee can be paid on a salaried basis as long as they also receive overtime for any hours over 40 that they work.
There are no circumstances whatsoever in which an exempt employee is entited to any compensation over and above their regular salary unless they have a bona fide contract that says otherwise. But that doesn't mean you are "working for free". Contrary to what many exempt employees apparently believe, their salary is not based on a 40 hour week with all other time being unpaid. Rather, an exempt employee is paid on the basis of getting their work done, not on the basis of how many hours they work. When the salary is initially established, it is with the understanding that it is not for only 40 hours and that the job will take more time than that. If it is not explained to you at the time, it's probably because they assume you understand that already.
A non-exempt employee must be paid time and a half for any hours over 40 in a week that they work. That's because non-exempt employees, unlike exempts, ARE paid on the basis of how many hours they work. On the other hand, if an exempt employee works 38 hours one week, or 26, or 33, they will still get their entire salary (except in VERY limited, highly regulated circumstances). A non-exempt employee does not have to be paid for any time they do not work.
It is an employees' job dutes, not their job title and not how they are paid, that determines whether they are exempt or non-exempt.
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07-19-2005, 08:35 AM
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