Is it legal in Florida for an employer to pay me hourly, even though I'm a "salary" employee? ?
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I'm told I work salary, up to 45 hours a week. but my pay stub shows they pay me hourly. I wouldn't have a problem with this except that some days when work is slow, they send me home and don't pay me for a full day. Once I was sent home after 4 hours of work and not paid at all for that day, receiving pay for 32 hours that week. I asked about it and they said "sorry, you didn't work a full day so we won't pay you for one". Isn't that the point of salary, is that I get paid the same whether I work 45 hours or 35 hours? If there is a site that shows the laws about salary/hourly? I checked and read through the FL law, but couldn't seem to find anything in there about this.
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Answer:
If you punch a time clock or fill out any kind of time record (a time sheet), you're an hourly employee. There is no law that says you HAVE to be paid one way or another. And no, if you're salaried, even if you DON'T work a full week, you DON'T get paid a full week. How is that fair (to be paid for work you didn't do)? If you have some kind of employment contract that says otherwise, THEN you may have a case -- otherwise, as long as you're being paid for the time you work, you have no grounds to file any kind of complaint.
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Other answers
If you work even one hour of a day and are considered a salary employee you get paid for the entire day. You should be receiving the same pay check every pay day regardless of how many hours you make.
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