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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 33926
Experience:  Employment Law Expert
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My boss pays me hourly each week but also pays me salaried

Customer Question

My boss pays me hourly each week but also pays me salaried for doing the bookkeeping an extra 10 hours weekly on a separate check so it doesn't effect overtime. Is this legal
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Florida
JA: Has anything been filed or reported?
Customer: Yes. It's been going on for a number of years. I get 2 separate pay checks
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't think so
Submitted: 2 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 2 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Expert:  Dwayne B. replied 2 months ago.

The Department of Labor frowns on employers shifting an employee status back and forth between hourly and salary.

Bookkeeping/accounting is one of those jobs which could fit in either category.

So, essentially, it is not automatically a violation of the law and to know whether it is a violation of the Fair Labor Standards Act you would need to report the issue to the Department of Labor and have them do an investigation looking not only at your job but at all the other employees as well. My guess is that the Department of Labor will find that you should have been hourly for all job assignments and thus your employer will owe you overtime.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.