I left my job yesterday. Today, I got my final paycheck and found the number to be hugely different (lower) than what I expected.

I am told they used an hourly rate - so 9*8* is what I got. However, if I do 10*8* I get a number lower than my usual pay for a pay cycle. Can a company use hourly rate to calc a non-hourly employee's pay. If yes, what about the weeks when I worked over 40hrs? I thought it should be 9/10 of the standard pay cycle amount.

  • That's pretty standard. I don't know what the 9*8* means but typically, companies pro-rate it based on a standard 8 hour day regardless of your average hours worked. 40 hours is full time and 8 * 5 = 40, so that's what it's based on (at least in the US) – Chris E Oct 14 '16 at 19:17
  • "Can a company use hourly rate to calc a non-hourly employee's pay." Sounds like a legal question. Where are you located? – mikeazo Oct 14 '16 at 19:28
  • Did you work every day for that pay period? Where are you located? – David K Oct 14 '16 at 19:59
  • I am located in Chicago, IL. I worked 9 of 10 days of the pay period. On the 10th day I am dealing with this last paycheck issues :( – shikarishambu Oct 14 '16 at 20:08
  • Is your salary paid biweekly or bimonthly or monthly? If bimonthly, most periods are 11*8 with a few 10*8 and 12*8 thrown in. Perhaps that's why it seems low. – mkennedy Oct 16 '16 at 15:08

The federal Fair Labor Standards Act specifies that "an employer is not required to pay the full salary" to an exempt employee "in the initial or terminal week of employment."

  • 2
    Can you link to your source? I imagine the context of this would be if the employee did not work a full pay period. – David K Oct 14 '16 at 19:58
  • See the last sentence of the paragraph titled "Circumstances in which..." dol.gov/whd/overtime/fs17g_salary.htm I don't see any clause regarding the full pay period worked. – Prodnegel Oct 14 '16 at 20:19
  • The full sentence states (emphasis mine) "an employer is not required to pay the full salary in the initial or terminal week of employment, or for weeks in which an exempt employee takes unpaid leave" under FMLA The pairing with unpaid leave makes me think it is specifically referring to not working the full week. Also, the previous paragraph defines salary as "a predetermined amount of compensation each pay period" which "cannot be reduced because of variations in the quality or quantity of the employee’s work." Another indication that the exception is for specific absences from work. – David K Oct 17 '16 at 12:50
  • But I would consult a lawyer to really be certain. – David K Oct 17 '16 at 12:50

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