The Salary Rights of Employees
Some employees make the same amount of money each week regardless of how many hours they work. These salaried employees still have many of the same rights as workers paid on an hourly basis. As of 2011, minimum wage laws and overtime laws apply to many salaried workers. Salaried workers calculate their hourly wage for these purposes by dividing the amount they make per week by 40 hours per week.
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Right to Overtime
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Some salaried employees may be entitled to overtime compensation. The Fair Labor Standards Act states that employees are entitled to overtime pay whether they are salaried or paid hourly except for employees working in an administrative, professional or executive capacity. Thus, employees who do not fall into these categories are entitled to overtime pay if they work more than 40 hours in a week even if they are paid a flat rate per week instead of being paid by the hour.
Right to Minimum Wage
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Employers must pay employees at least the federal minimum wage, which is $7.25 per hour as of March 2011. If a state's minimum wage is higher than the federal minimum wage, employers must follow state law. Employees who earn tips, such as waitresses and bartenders, may be paid less than minimum wage in many states if they make more than $30 a month in tips. As of 2011, employers may pay these employees as little as $2.13 per hour.
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Right to Equal Pay
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Employers may not pay employees in a discriminatory manner. They cannot pay an employee of a protected class less than an employee of a nonprotected class for the same job. As of 2011, race, gender, national origin, disability and age are protected classes, while sexual orientation and gender identity are not in most states. If an employer violates equal pay laws, the employee has 180 days to file a complaint with the Equal Employment Opportunity Commission or 300 days if the alleged discrimination also violates state law.
Right to Consistent Salary
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Salaried employees, unlike hourly employees, have the right to the same basic salary regardless of the number of hours worked in a week. Employers may not pay salaried employees differently if they work less hours in a given pay period. However, employers can notify employees of a permanent change in salary if an employee works less hours on a regular basis.
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