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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18790
Experience:  Employment/Labor Law Litigation
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A salaried employee who is paid hour work week is now being

Customer Question

A salaried employee who is paid for 32 hour work week is now being required to work a 40 hour work week at the same salary! Is this legal?
Submitted: 3 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 3 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

A salaried exempt employee is not actually paid to work any specific period of time. They can be asked to work 32 hours, 40 hours, 60 hours, and their pay would remain the same. This is the pure definition of a salary. It is just pay for work during that week, regardless of the number of hours.

So, based just on the facts you've given here, yes it would be legal.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 3 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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