Often an employer will break down an employee’s salary into an hourly amount for payroll purposes to accommodate the payroll system that the employer uses.  The fact that your pay stub shows an hourly amount does not necessarily mean you are being paid hourly and entitled to overtime pay.

If you are paid on a salary basis, you should receive the same amount of pay for each week that you work regardless of the numbers of days or hours you work.

For example: If your weekly salary is $500 per week (which breaks down to $12.50 per hour based on a 40 hour week) and you work 35 hours for the week, you should still receive $500 in wages if you are paid on a salary basis.  If you are paid on an hourly basis, you would only receive $437.50 (35 hours x $12.50).

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