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Under federal overtime law and Texas overtime law, salaried employees must receive overtime pay for hours worked over 40 in any workweek unless two specific requirements are met: (1) the salary exceeds $455 per workweek; and (2) the employee performs duties satisfying one of the narrowly-defined FLSA overtime
Salaried positions tend to pay more than hourly positions and many come with better benefits, retirement plans, vacations, and bonuses. Salaried workers often have more flexibility and can usually leave work occasionally if needed for medical appointments or family obligations.
Many salaried employees are not eligible for overtime pay, no matter how many extra hours they may work. Many salaried workers are on-call every day, all week. If an hourly employee cannot work, salaried employees often have to fill those hours themselves.
Salaried employees receive a set amount of compensation on a regular basis regardless of how many hours they work. They're usually exempt, meaning they don't qualify for overtime pay or minimum wageeven when expected to work long hours.
The law prohibits employers from screening job applicants based on current or past compensation, and from determining compensation for a position based on a prospective employee's current or past compensation.
Maximum hours an exempt employee can be required to work The law does not provide a maximum number of hours that an exempt worker can be required to work during a week. This means that an employer could require an exempt employee to work well beyond 40 hours a week without overtime compensation.
5 Things to Consider When Determining Your Employee's SalaryDefine the job.Price the job.Determine the job's internal value to your organization.Place the job in your salary structure.Consider organizational factors, including budget.3 Sept 2015
A salaried employee refers to an employee that gets paid a set amount of compensation for their work instead of an hourly rate. They receive the full amount of pay they're promised, regardless of how many hours they work during a workweek. Typically, salaried employees receive a regular, biweekly or monthly paycheck.
These exemptions also apply in Texas. So if you're paid an annual salary and earning more than a certain amount set by law, you are considered "exempt" and not covered by the FLSA. This means exempt employees are not entitled to overtime pay for working more than 40 hours in a week.
A salaried employee is paid a flat rate, regardless of specific hours worked, unlike hourly employees, who are paid a wage for each hour worked.