Alexandria, VA asked in Employment Law for Virginia

Q: Am I entitled to overtime even when I’m salaried? My company website shows that I work 40hrs a week. Which is false.

I make between 52-56 yearly. But my jobs website lists me at a hourly rate multiplied by 5 days, which I know is a lie because I work 6 days and mostly 7 days. Is something fishy here?

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1 Lawyer Answer
Daniel P Leavitt
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Answered
  • Midlothian, VA
  • Licensed in Virginia

A: I am unclear here. If they are paying you hourly then you should get paid for however many hours you work. If you are on salary, then you get paid whatever your salary is. If you are salaried then you should be getting paid a fixed salary so your salary is not a range of 52-56. If you are hourly, then your total amount can range based on the number of hours you work. In addition, you can get a bonus and so you could be hourly or salary and also get a bonus.

So a salaried worker gets paid their salary and that's it unless the company pays a bonus on top. An hourly worker gets paid based on the number of hours they work, including overtime hours.

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