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    ABF's Avatar
    ABF Posts: 1, Reputation: 1
    New Member

    Dec 23, 2006, 01:58 PM
    I am salaried
    I am a salaried employee, which has worked for a compamy for 6 months. I work 45 hours a week and I do not get overtime or holiday pay. Is that legal?
    Curlyben's Avatar
    Curlyben Posts: 18,514, Reputation: 1860

    Dec 23, 2006, 02:04 PM
    If that's the contract you signed then yes completely.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692

    Dec 23, 2006, 02:58 PM
    First you did not say what nation you are in, and if the US what state.

    But in very basic terms a salary employee gets his same salary every week, if you take off for Christmas, you are still getting paid, it does not show up as holiday pay but your paycheck is exactly the same this week and next week.

    Now there are a 1000 and more rules about salary, normaly but not always a salary person can not be required to clock in and out on a time clock or even keep track of their hours on a paysheet, they can keep a record of what days they work.

    In some states there are min amount of money that you have to be paid for it to actually be salary, in some areas that is 24 to 28 thousdand dollars, if you make under that amount they are required to pay you overtime anyway.

    A salary person can be asked to come in and work on their days off without any extra pay

    And if you take off a day they can not deduct any money from your pay, so it works both ways.

    So when I used to be a Salaried employee I don't really get any extra of special holiday pay, my check will be the same this Friday as it was last Friday and as it will be next Friday.

    Now also not all companies give or pay holidays and various companies have different holidays. I work for a great company now and get a lot of holidays, even a floating one I can take at a holiday of my choice that is not already given one. But I worked for one man in St Louis that gave two a year, that is it, all the other days were work days or unpaid days off. ( he was a real fun guy)

    So first you have to even determine if you are legally a salaried employee or not, I would say in the US about 20 percent or more of the people being paid that way are not legally salaried since they have to keep their hours are are paid under a amount their state would require before overtime has to be paid.

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