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Salary pay laws

Salaried employees generally consist of managers and supervisors within a business.

Many employers have hourly and salaried employees, basing their pay category on the type of work the employee performs. The laws regarding salary pay are different than those regarding hourly pay.

New Hire

Salaried employees are paid a set wage each pay cycle. However, in the case of a new hire, the initial pay amount depends on the salaried employee's start date.

If she is employed at the start of the payroll cycle, then she should receive a full paycheck on payday.

If, for example, she is hired in the middle of the current pay cycle, she should be paid from her start date through the end of the pay cycle. Her paycheck would not be for the full amount.

Overtime Hours

Generally, salaried employees do not receive overtime pay. However, an employer and a salaried employee can establish an agreement where the salaried employee is paid overtime hours for certain extra hours worked. This is an infrequent situation, and employers are not legally bound to pay salaried employees overtime hours.

A salaried employee will typically only receive what the employer has agreed to pay him annually. The only time his salary will change is after a salary adjustment.

Sick/Personal, Vacation Days

Salaried employees are generally allotted a certain number of sick/personal and vacation hours every year.

Salaried employees' pay should not be docked if they call in sick or take personal or vacation days. The only exception is if they have used up all their benefit days and the employer refuses to give any more paid days off.

Incomplete Work Days

When hourly employees arrive late for work or leave work early, they are usually only paid for the hours actually worked, but a salaried employee should be paid for the entire day.


When a salaried employee leaves the company, the employer can either pay for the entire pay period or through the last day worked. This largely depends on how the employee terminates and when.

For example, if the salaried employee is laid off in the middle of the pay period, the employer might pay the entire pay period, but if the employee quits without notice, the employer might pay only for the days she worked. Depending on the state's laws and company policy, the employer might issue the terminated salaried employee's final paycheck immediately upon termination, within 30 days (usually in the case of commissions), or on the next payroll.