Portland, OR asked in Employment Law for Oregon

Q: I am a salaried employee. However, on my check stub it clearly states "Basis of pay: Hourly." Am I truly salary based?

My stub clearly shows an hourly wage at 40 hours per week when I usually put in 50 or more. At the bottom of the stub it says my basis of pay is hourly. I am also required to put in a minimum of 45 "Open hours" of work, meaning business hours. So getting in before we open and staying late after we close do not count toward my 45 mandatory hours. Thanks for your help.

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1 Lawyer Answer
Greg Mansell
Greg Mansell

A: Whether you are paid on a salary basis depends on several factors. If you work less than 40 hours, do you they only pay you for the hours worked or do they pay you the full 40 hours? Were you told when you started that you would be salary? Do you have a written offer? What is shown on your paycheck is not going to be indicative of whether you are paid salary but it may be a factor when you look at the totality of the situation.

Further, whether they are able to pay you salary depends on whether your job duties fit into one the FLSA exemptions.

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