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Salary vs Hourly: The Difference, for Employers

Salary is fixed, hourly moves with the work. But for many roles this is not a choice at all, because the law has already decided who gets overtime.

Nick Anisimov

Nick Anisimov

FirstHR Founder

Payroll•
•
22 min

Salary vs Hourly

It is usually framed as a business decision. For a large share of roles it is not a decision at all, and finding that out late is expensive

The question of salaried vs hourly employees usually gets presented as a decision. Weigh predictability against flexibility, consider your budget, think about what the role needs, choose. But for a large share of roles, there is no decision, because the law has already made it.

The law decides based on what the person actually does, not on what you would prefer. Pick the wrong structure and you find out through a wage claim rather than through a spreadsheet.

So this guide starts with that constraint. Then it gets to the genuine decision, which exists in a narrower band than it first appears and turns on one question that rarely gets asked out loud: who absorbs the ups and downs in the work?

I build FirstHR, which is where classifications and pay records live. This is general information rather than legal advice, and classification in particular is an area where getting advice is cheap relative to getting it wrong.

TL;DR
Salary is a fixed annual figure paid regardless of hours. Hourly is a rate times hours worked, so the employee absorbs the ups and downs, not you. But paying a salary does not make somebody exempt: exemption needs the salary basis, the $684 weekly salary level, and the duties test. Salaried non-exempt is real, and it means overtime and timesheets.

The Difference

The difference between salary and hourly comes down to how pay is calculated. The definitions are simple, and the interesting part is what follows from them.

Definition
Salary vs Hourly
A salaried employee receives a fixed, predetermined amount of compensation for each pay period, expressed as an annual figure and divided evenly across the year, which does not vary with the number of hours worked in a given week. An hourly employee is paid a set rate for each hour actually worked, so their earnings vary with their schedule. The distinction is about how pay is calculated. It is separate from, and frequently confused with, the exempt versus non-exempt classification under the Fair Labor Standards Act (FLSA), which determines whether the employee is entitled to overtime pay. Hourly employees are almost always non-exempt. Salaried employees may be either.
The actual difference, from the employer's side
How pay is determined
SalaryA fixed annual figure, divided across pay periods. The same every time
HourlyRate times hours actually worked. It moves with the schedule
What happens in a slow week
SalaryThey get paid the same. You carry the cost
HourlyYou pay for fewer hours. The cost moves with you
What happens in a busy week
SalaryThey get paid the same. You get the extra work free, if they are exempt
HourlyYou pay for every hour, and time and a half past forty
Your payroll cost
SalaryPredictable. You can budget it to the dollar
HourlyVariable. You cannot know it until the timesheets come in
Do you track hours?
SalaryOnly if they are non-exempt, and most employers wrongly assume they are not
HourlyAlways. It is the basis of the pay
Overtime
SalaryNot necessarily. It depends on classification, not on the salary
HourlyYes, at time and a half over forty, in almost all cases
The two amber rows are where the money is, and they are the two rows that are easiest to treat as a footnote. Everything above them is a preference. Everything in them is the law.

Hold onto the last sentence of that definition, because the rest of this article follows from it. Salaried employees may be either exempt or non-exempt, and that decides whether you owe them overtime.

Often, This Is Not a Choice

For many roles, you do not get to pick salary or hourly, because the law has already settled who gets overtime. That constraint comes first, before any business reasoning.

For a lot of roles, this is not a choice you get to make
Salary versus hourly is usually presented as a business decision, weighed against predictability, budget, and culture. That framing is fine as far as it goes, and it skips the first question entirely.The first question is: does the law let you? The FLSA does not care what you would prefer. If a role does not meet the exemption tests, that person is entitled to overtime. You can pay them a salary if you like, and you will still owe them time and a half past forty hours.Which means the genuine decision, the one where you actually get to weigh cost against predictability, exists only in the narrower band of roles where both options are lawful. Outside that band, you are not choosing. You are complying, or you are not.
So the order of operations is: classification first, structure second.

The Fair Labor Standards Act does not ask what would suit your cash flow. It asks what the employee actually does. For anybody who does not meet the exemption tests, overtime past forty hours is mandatory, and it stays mandatory no matter how you dress up the pay.

Most employers get that order backwards. They decide they want somebody salaried because it is administratively easier, and then look for a reason it is allowed. That is not a process. It is a rationalization, and it is the specific behavior that produces misclassification claims.

What the tests actually are, and how to run a role against them, is the subject of the exempt versus non-exempt guide. That is the legal question. This article is about what you do once you have answered it.

Salary Does Not Mean Exempt

Paying somebody a salary does not make them exempt from overtime. If you take one thing from this page, take this.

The single most expensive misunderstanding in this topic
What most employers believeSalary = exempt
Pay somebody a salary and they are exempt from overtime. Clean, intuitive, and wrong
What is actually trueSalary is one of three tests
Salary basis, salary level, and duties. All three must be met. Salary alone gets you one out of three
The category nobody talks aboutSalaried non-exempt
A real classification. Paid a fixed salary, and still entitled to overtime past forty hours, because the role fails the duties test
What that means for youYou must track their hours
A salaried non-exempt employee needs a timesheet, because you cannot compute overtime you never measured
What happens if you do notUnpaid overtime, for as long as it ran
And an employee estimate of hours you have no records to contradict
Read the third row again. Salaried non-exempt is a real, common, entirely legal category, and it is the one that destroys the mental model of salary as an overtime shield. A title does not make somebody exempt. A salary does not make somebody exempt. The duties do.

Per the Department of Labor, job titles do not determine exempt status, and for an exemption to apply an employee's specific job duties and salary must meet all of the requirements. All of them, not just one.

So a role can clear the salary threshold comfortably and still be non-exempt, because the duties do not qualify. A person can be called a manager, be paid $60,000, have a corner desk and a title, and be entitled to overtime, because what they actually do all day is not management.

The Threshold, and Why It Is Finally Settled
The federal salary threshold for the executive, administrative, and professional exemptions is $684 per week, which is $35,568 per year. The Department of Labor issued a rule in 2024 that would have raised it substantially. That rule was vacated by a federal court in November 2024, and in May 2026 the Department published a technical amendment formally restoring the 2019 figures. The highly compensated employee threshold is $107,432. So the uncertainty that hung over this for two years is now resolved, and a great deal of content online still quotes the numbers from the vacated rule.

Clearing the federal salary threshold is necessary, not sufficient. On its own it does nothing. It only qualifies the role to be assessed on the duties, which is where the real determination happens and where employers lose.

Your state may set the number higher

The federal figure is a floor, not a ceiling, and several states sit well above it. Where a state is more protective of the employee, the state standard applies, which means the same role can be lawfully exempt in one state and non-exempt in another with identical pay and identical duties.

California, Washington, New York, Colorado, and Maine all set thresholds above the federal $684, and some of them are far above it. Washington in particular ties its threshold to a multiple of the state minimum wage: 2.25 times in 2026, according to the Washington Department of Labor and Industries. So the threshold moves every year along with the wage.

That creates a familiar problem for anybody with a distributed team. Hire one person in a state with a high threshold, and a role that is comfortably exempt everywhere else you employ people can become non-exempt for them. You will not find that out from your payroll system, because it does not know what the person does.

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Do salaried employees get paid if they do not work?

Mostly yes. Under the Department of Labor salary basis rule at 29 CFR 541.602, an exempt employee has to receive the full salary for any week in which they perform any work, whatever the number of days or hours. Thirty hours in a quiet week still costs you the whole weekly figure. Only a week with no work at all needs no salary.

The rule is strictest where the shortfall is your doing. Deductions for absences caused by the employer, or by the operating requirements of the business, break the salary basis outright. If the person is ready and willing to work and there is nothing to do, that gap is yours to fund.

The permitted deductions are narrow and mostly measured in full days: a whole day off for personal reasons, a full-day sickness absence under a bona fide sick pay plan, an unpaid disciplinary suspension of a full day or more for breaking a workplace conduct rule, and proportionate pay for only the time actually worked in the first and last weeks of employment.

Partial days are where employers slip. Docking two hours because a person left early is the classic improper deduction. Per 29 CFR 541.603, an actual practice of it, meaning a pattern rather than a one-off, costs the exemption for the period the deductions ran, for everybody in the same job classification working for the same managers.

Can a part-time employee be salaried?

Yes, and there is a trap in it. You can pay a part-time person a fixed salary like anybody else. What you cannot do is scale the exemption threshold down to match the hours, because 29 CFR 541.600 states the salary level as a flat weekly figure and offers no proration for part-time work.

So a twenty-hour role paid $30,000 a year fails the salary level test on arithmetic alone, at about $577 a week. Either the person clears $684 in every week they work, or they are non-exempt, and you record their hours the way you would for anybody paid by the hour.

Part-time salaried non-exempt is lawful, and it is what most of these arrangements really are. Pay the fixed weekly figure, keep the timesheet, and pay time and a half in the rare week that runs past forty hours. The salary makes the pay simpler to run. It does not buy the exemption.

Who Gets Overtime

Overtime follows the classification, not the pay structure. Hourly employees get it in almost all cases, and salaried employees get it unless they are genuinely exempt. That is the whole reason any of this matters.

SituationOvertime owed?Track hours?
Hourly employeeYes, in almost all cases. Time and a half past fortyYes. It is the basis of the pay
Salaried, and genuinely exemptNoNot required, though some employers do anyway
Salaried, but fails the duties testYes. Time and a half past fortyYes, and this is the one employers forget
Salaried, but below the salary thresholdYes. The exemption fails on the salary level aloneYes
Called a manager, but does not manageYes. The title is irrelevantYes

Rows three, four, and five are the same failure wearing different clothes: an employer assumed a salary conferred an exemption, and it did not.

The consequence is not abstract. Unpaid overtime is back pay. Back pay carries a two-year lookback, extending to three for willful violations, and liquidated damages can double it.

What getting it wrong actually costs

You owe the unpaid overtime. That is the arithmetic, and it is the smaller half. Then liquidated damages, which under 29 U.S.C. 216 are an equal additional amount, so the figure roughly doubles. Then attorney fees, which a prevailing employee can recover and which in a small wage case are routinely larger than the wages themselves.

And the lookback under 29 U.S.C. 255 is two years, extending to three where the violation was willful. Two years of five unpaid overtime hours a week, on one employee, is over five hundred hours before anybody mentions damages.

But the part that actually decides these cases is not the arithmetic. It is that you have no timesheets, because you were treating the person as exempt and saw no reason to keep them. So when they estimate that they worked fifty-five-hour weeks for two years, you have nothing to hold up against it.

The absence of records does not protect you. It is the thing that makes the claim work.

Pros and Cons, for the Employer

For the employer, the pros and cons of salary vs hourly are mirror images: what one structure gives you, the other takes away. This is the genuine decision, and it only exists in the band of roles where both structures are lawful.

For context on how common each is: according to the Bureau of Labor Statistics report Characteristics of minimum wage workers, 2024, 80.3 million workers aged 16 and over were paid hourly rates, which is 55.6 percent of all wage and salary workers.

Hourly is not the exception or the junior option. It is what most of the country runs on, and the assumption that salaried is the default is largely a feature of office work rather than of employment generally.

Salary, for the employerFor
Payroll cost is predictable. You can budget it to the dollar, twelve months out
No timesheets to administer, if the person is genuinely exempt
Attracts senior candidates, who mostly expect it and read hourly as junior
Extra hours in a crunch cost you nothing, for genuinely exempt roles
Against
You pay the same in a slow week. The cost does not flex with revenue
Reducing pay is difficult, awkward, and in some cases legally constrained
The exempt assumption is often wrong, and being wrong is expensive
A salary set once tends to stay set. Nobody revisits it until somebody resigns
Hourly, for the employerFor
The cost moves with the work. Quiet week, smaller payroll
Easy to scale up and down without changing headcount
Overtime is transparent and everybody knows the rules
You are paying for hours you actually received, which is defensible in a way a salary sometimes is not
Against
You cannot budget it precisely. The number arrives with the timesheets
Overtime past forty hours costs time and a half, and it adds up faster than people expect
You must track hours, and you must track them accurately
Some candidates read hourly as lower status, fairly or not, and it can cost you in recruiting
Notice what the trade actually is. Salary buys you predictability and sells you flexibility. Hourly buys you flexibility and sells you predictability. Neither is better. They are opposite answers to the question of who absorbs the variance in the work, and the honest question is which of you can afford to.

Strip away the detail and the trade is a single question: who absorbs the variance in the work, the ups and downs in hours from one week to the next?

With a salary, you do. A quiet week costs you exactly what a busy one does. You have bought certainty and you have paid for it with flexibility.

With hourly, the employee does. Their pay moves with the schedule, which is efficient for you and unstable for them. The instability is real: an hourly worker whose hours get cut has taken a pay cut without anybody calling it one.

Neither answer is more virtuous. But be clear about which one you are choosing, because the person on the other side of it certainly is.

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How to Choose

Choose only after the classification question is settled. Once both structures are lawful, the answer turns on how much the hours vary, how tight your cash is, and what the people you want to hire expect.

When to choose which, assuming both are lawful
The role fails the duties testYou do not have a choice
They are non-exempt. Salary or hourly, they get overtime past forty. Hourly is simply the honest way to structure a role you have to pay by the hour anyway
Hours genuinely vary week to weekHourly
You are paying for work you actually receive, and a slow week costs you less. This is what hourly is for
The work is output-based and hours are irrelevantSalary, if the role qualifies
Nobody wants to time-track a designer producing a deliverable. But confirm the exemption is real before you rely on it
Cash is tight and revenue is seasonalHourly, if lawful
The cost flexes with the business. A salary in a bad quarter is a fixed obligation you cannot adjust
You are competing for senior talentSalary
It is what they expect, and hourly reads as junior in most professional markets, whether or not that is fair
The role is genuinely borderlineGet advice, then decide
Borderline classifications are exactly where misclassification claims come from, and an hour of a lawyer's time is cheaper than the alternative
The first row is not a recommendation. It is a statement of fact, and it belongs at the top because everything below it only applies once you have cleared it.
What worked for me
I had somebody on a salary because it was simpler. Not because I had thought about the classification, but because salaries are easy: one number, twelve months, no timesheets, no arithmetic. And the role, when I eventually looked at it properly, did not come close to meeting the duties test. They were doing skilled work, and they were doing a great deal of it, and none of it involved managing anybody or exercising independent judgment on matters of significance, and I had simply never asked the question. What made it survivable was that we caught it early and the hours were not extreme. What I do now is boring and it works: every role gets a classification written down, with the reason, before the offer goes out. Not the job title. The actual duties analysis, in two sentences. It takes ten minutes and it is the cheapest insurance in the business.

The classification record itself belongs with the tests, and the FLSA guide carries one you can fill in. What follows is the sheet for the decision that comes after it: given the classification you have already reached, how the role gets paid, and what that structure then obliges you to do about hours, benefits and notice.

Salary or Hourly: Pay Structure Decision Record
[Company Name]
PAY STRUCTURE DECISION RECORD

One per role, completed before the offer goes out. This sheet does not decide
the classification. It records the structure you chose once the classification
was already decided, and the obligations that follow from it.
ROLE

Role title: Department:
Person in the role: Start date:
Work state: Primary worksite:
Completed by: Date:
STEP 1: THE CLASSIFICATION IS ALREADY DECIDED

Classification: [ ] Exempt [ ] Non-exempt
Determined on: Determination record filed at:
If those two lines cannot be filled in, stop. Run the salary basis, salary level
and duties tests first and file that record. Choosing a structure and then
looking for a classification that permits it is the sequence that produces
misclassification claims.
STEP 2: WHICH STRUCTURES ARE ACTUALLY AVAILABLE

If NON-EXEMPT, both structures are lawful and neither avoids overtime:
•[ ] Hourly, at $_______ per hour
•[ ] Salary, at $_______ per week, non-exempt
Overtime past 40 hours is owed either way. A salary for a non-exempt role does
not buy the extra hours, and no agreement that says the salary already covers
them will hold up.
If EXEMPT, this is a genuine choice and salary is the usual answer:
•[ ] Salary, at $_______ per week
•[ ] Hourly, by preference, at $_______ per hour
STEP 3: THE TRADE YOU ARE MAKING

Do the hours for this role genuinely vary week to week? [ ] Yes [ ] No
Roughly how much, between and hours
Who absorbs that variance under the structure chosen:
[ ] Us, because the pay is fixed while the work is not
[ ] The employee, because the pay moves with the schedule
What a slow week costs us under this structure:
What a busy week costs us under this structure:
Can our cash flow carry a fixed obligation in a bad quarter? [ ] Yes [ ] No
What the market expects for this role: [ ] Salary [ ] Hourly [ ] Either
If we are going against that expectation, the reason:
STEP 4: THE ARITHMETIC, BOTH WAYS

Annual salary, or the annualized hourly figure: $
Hourly equivalent at 2,080 hours: $
Hours we actually expect per week:
Effective hourly rate at those hours: $
If this role were hourly at the rate above, the same year would cost:
base $ plus overtime $ = $
Write the gap down even when the exemption is sound. It is what the exemption is
worth to us, and the person in the role can do the same sum.
STEP 5: WHAT THIS STRUCTURE OBLIGES US TO DO

Hours recorded for this role? [ ] Yes [ ] No
Required for every hourly role, and for every non-exempt role paid a salary.
•Where hours are recorded: _______
•Who checks them each week: _______
•Overtime rate confirmed with payroll on: _______
•Overtime pre-approval rule issued and acknowledged: [ ] Yes [ ] No
Benefits eligibility for this role:
Does our eligibility rule turn on salaried status? [ ] Yes [ ] No
If yes, is that deliberate, and can we defend it?
What the offer letter says about pay basis, hours and overtime:
STEP 6: IF THIS IS A SWITCH FROM THE OTHER STRUCTURE

Previous structure: [ ] Salary [ ] Hourly Effective date of change:
Reason for the change:
•[ ] The classification was re-checked, not assumed to follow the structure
•[ ] Written notice given in advance on _______
•[ ] Benefits eligibility effect explained
•[ ] The practical effect on take-home pay and hours stated plainly
If the switch is correcting a misclassification, do not process it until the
back pay position for the earlier period has been dealt with deliberately.
Advice taken on that question: [ ] Yes, on [ ] Not applicable
REVIEW TRIGGERS

Redo this sheet when any of these happens:
•The classification changes, in either direction
•The pay or the scheduled hours change materially
•The role's actual hours settle well above or below what was assumed here
•The person moves to, or is hired in, a different state
•Benefits eligibility rules change
Decided by: Title: Date:
Next scheduled review:

DISCLAIMER: This is a sample template for general information only and is not
legal advice. Classification is fact-specific, state rules on notice and on
pay structure differ, and a borderline role is worth an hour of an employment
attorney's time before the offer goes out rather than after the claim arrives.

Converting Between the Two

Converting a salary to an hourly rate takes one division: the annual salary over 2,080 hours. The arithmetic is trivial, and the implication is not.

Converting a salary to an hourly rate, and what it reveals
Annual salary$52,000
A figure that reads as reasonable in an offer letter
Standard full-time hours2,080 per year
Forty hours a week, fifty-two weeks. This is the conventional divisor
Hourly equivalent$25.00
$52,000 divided by 2,080. This is what the salary is worth per hour, if they work forty
But they work 50 hours$20.00 per hour, effectively
$52,000 divided by 2,600 actual hours. The same salary, quietly worth twenty percent less
If they were hourly at $25$71,500 for the same year
2,080 at $25, plus 520 overtime hours at $37.50. The gap is what the exemption is worth to you
The last row is uncomfortable and worth sitting with. The value of an exemption to you is precisely the overtime you do not pay, and the value to them is negative by the same amount. That is not a reason to avoid salaried roles. It is a reason to understand that a salaried employee working fifty-hour weeks is doing you a favor, whether or not anybody says so out loud.

That divisor is forty hours a week for fifty-two weeks. The result is the hourly equivalent, and it is the right number to use when comparing an offer against an hourly rate.

But look at the fourth row of that table. The 2,080 divisor assumes forty hours. A salaried employee who reliably works fifty is being paid on 2,600 hours, and their effective rate is twenty percent lower than the headline conversion suggests.

That is not a scandal. It is the deal, and it is what a salary means. Just know that every long week a salaried person works widens the gap in the last row. A competent employee has almost certainly done this arithmetic, even if they have never mentioned it.

How salary is calculated on each paycheck

On each paycheck, a salaried employee gets an equal slice of the annual figure. Divide the annual salary by the number of pay periods in the year: twenty-six for biweekly, twenty-four for semimonthly, twelve for monthly. A $52,000 salary is $2,000 every two weeks, or $2,166.67 twice a month.

Going from an hourly rate to annual pay is the same sum reversed. Multiply the rate by the hours you actually schedule, then by fifty-two weeks. Twenty-five dollars an hour at forty hours is $52,000, and at thirty hours it is $39,000, which is the honest figure to put in a part-time offer.

Annual pay is not the annual cost of the person. Employer payroll taxes, benefits, and any overtime sit on top of it, and on an hourly role the overtime line is the one that moves. The salary goes in the offer letter. The loaded number, pay plus everything on top of it, goes in the budget.

$684
Weekly salary threshold for the white-collar exemptions. Necessary, and not sufficient
3
Tests that must ALL be met for an exemption: salary basis, salary level, and duties
2,080
Hours in a standard full-time year, and the divisor for converting salary to hourly

Benefits Are a Separate Question

Nothing in law ties benefits to pay structure, and that is worth saying plainly because the two are so often treated as a package. Health insurance, retirement contributions, paid time off: none of it is legally attached to whether somebody is salaried or hourly.

The association exists because employers built it, decade after decade, until it started to look like a rule. So the belief that hourly employees do not get benefits is not a fact about employment. It is a description of what many employers do, and you are allowed to do something else.

In a market where many hourly candidates assume benefits are off the table, being the small business that offers them is a genuinely differentiating position, and it costs less than a salary increase of equivalent perceived value. What you actually spend on somebody, benefits included, is the honest number, and it is what the total compensation figure is for.

Switching Somebody From One to the Other

You can switch somebody from hourly to salary or back again, and both directions have a catch. A salary does not make anybody exempt, and a move to hourly that fixes a misclassification opens the question of what you owed before it.

1
Confirm the classification still works, or that it now does
Moving somebody to a salary does not make them exempt. If the duties do not qualify, they remain non-exempt, they still get overtime, and you still have to track their hours.
2
If you are fixing a misclassification, get advice first
Moving somebody from salary to hourly because you realized they should have been non-exempt raises the question of what was owed for the period before. Deal with that deliberately, not by accident.
3
Give written notice in advance
Some states require notice of a pay change before it takes effect (Illinois and New York are two, covered below), and everywhere else it is simply how you treat somebody decently. Nobody should discover a change to their pay structure from a pay stub.
4
Be honest about the practical effect
If moving somebody to a salary means they will now work more hours for the same money, say so. They will work it out within a month, and finding out for themselves is much worse.
5
Sort out the benefits question explicitly
If your benefits eligibility is tied to salaried status, a switch changes it, and that is a substantive change to the offer rather than an administrative detail.
6
Write down the new classification and why
Exempt or non-exempt, with the duties reasoning. This is the document that matters if anybody ever asks, and nobody ever writes it.

The notice rules differ by state, so check the one where the person works. Illinois requires employers to notify employees of any change to their rate of pay before the change takes effect, under 820 ILCS 115/10. New York requires written notice of a change to the rate or basis of pay at least seven calendar days in advance, unless the change is shown on the wage statement, under Labor Law 195.

Common Mistakes

The same mistakes recur, and most of them trace back to one belief: that a salary buys an exemption from overtime.

The Recurring Failures
Assuming that paying somebody a salary exempts them from overtime, when salary is one of three tests and not the whole thing.Deciding you want somebody on a salary and then looking for a reason it is permitted, rather than establishing the classification first.Giving somebody a manager title and treating that as the duties analysis, when job titles are explicitly irrelevant.Not tracking hours for a salaried employee who is actually non-exempt, which means you cannot compute the overtime you owe and cannot contest their estimate of it.Quoting the salary threshold from the 2024 rule, which was vacated, rather than the $684 figure that actually applies.Forgetting that several states set higher thresholds than the federal floor, and that the more protective standard wins.Choosing hourly purely because it is cheaper, without asking whether the instability will cost you in turnover.Choosing salary purely because it is administratively simpler, which is how many misclassifications begin.Assuming benefits are tied to pay structure, when nothing in law connects them.Switching somebody from salary to hourly to fix a misclassification without dealing with what was owed for the period beforehand.

The unifying error is treating this as a preference when the first half of it is a rule. You get a genuine choice, and you get it second, and only in the band of roles where both structures are lawful. Everything upstream of that is compliance, and compliance does not negotiate.

Before you set or change anybody's pay structure, run the role through the five questions below.

Have you actually run the duties test, or did you assume?
Not the title. The duties. If the honest answer is that somebody is salaried because salaries are simpler, you have not made a classification decision. You have made an administrative one.
Do you have anybody salaried and below $684 a week?
They are non-exempt on the salary level alone, regardless of what they do. That is the easiest failure to check and the easiest to miss.
Is anybody salaried, non-exempt, and untracked?
That combination means you owe overtime you cannot compute, on hours you never recorded. It is the most common shape of an expensive problem.
Are you using the current threshold?
$684 per week. The higher figures from the 2024 rule were vacated, and a great deal of content online has not caught up. Check your state too, because several are higher.
Could you defend each classification in writing?
Two sentences per role: exempt or not, and the duties reasoning. If that document does not exist, it does not exist at the moment you need it either.
Key Takeaways
Salary is a fixed annual amount regardless of hours, while hourly is a rate times hours actually worked.
From the employer's side, salary means you absorb the variance in the work, and hourly means the employee does.
For a large share of roles this is not a choice at all, because the law determines who gets overtime and it does not care what you would prefer.
Paying a salary does not make somebody exempt, because exemption needs the salary basis, the salary level, and the duties test, all three.
Salaried non-exempt is a real and common classification: a fixed salary, overtime past forty hours, and hours you have to track.
The federal salary threshold is $684 per week, or $35,568 a year, and several states set theirs above it.

Frequently Asked Questions

What is the difference between salary and hourly?

A salaried employee receives a fixed annual amount, divided evenly across pay periods, regardless of how many hours they work that week. An hourly employee earns a rate for every hour they actually put in, so their pay rises and falls with the schedule. From the employer's side the real difference is who absorbs the variance: with a salary, you do, and with hourly, the employee does. But the more consequential difference is overtime, and that depends on classification rather than on how you structure the pay.

Is salary or hourly better for an employer?

Neither. They are opposite answers to the same question. A salary gives you predictable payroll costs you can budget precisely, and it means a slow week costs you the same as a busy one. Hourly gives you costs that flex with the work, and it means you cannot know your payroll until the timesheets arrive. Salary buys predictability and sells flexibility. Hourly does the reverse. The right answer depends on whether your work varies and whether you can absorb the variance.

Do salaried employees get overtime?

Sometimes, and this is the most expensive misunderstanding in the topic. Paying somebody a salary does not exempt them from overtime. Exemption requires meeting all three tests: salary basis, salary level, and the duties test. A salaried employee whose actual job duties do not meet the exemption criteria is salaried non-exempt, and they are entitled to overtime past forty hours, and you are required to track their hours to compute it.

Does paying a salary make somebody exempt?

No. Salary is one of three requirements, not the whole test. The employee must be paid on a salary basis, must be paid at least the federal threshold of $684 per week, and must perform duties that meet one of the exemption categories. Job titles are irrelevant. Calling somebody a manager does not make them exempt. If their actual duties do not qualify, they are non-exempt regardless of what you pay them or what the offer letter says.

What is the current salary threshold for exemption?

The federal threshold is $684 a week, which works out to $35,568 a year, and it comes from the 2019 rule. A 2024 Department of Labor rule would have lifted it substantially, but a federal court vacated that rule in November 2024. In May 2026 the Department issued a technical amendment that formally restored the 2019 figures. For highly compensated employees the annual threshold is $107,432. Check your state as well: several set a higher figure, and where the state standard is more protective, it is the one you must meet.

What are the pros and cons of salary vs hourly?

For the employer, salary means predictable payroll you can budget precisely, no timesheets for genuinely exempt staff, and extra hours in a crunch that cost you nothing. Against it: the cost does not flex with revenue, and the exempt assumption is frequently wrong. Hourly means the cost moves with the work and quiet weeks are cheaper. Against it: you cannot budget precisely, overtime past forty hours costs time and a half, and you must track hours accurately.

Should I pay an employee salary or hourly?

First, establish whether you have a choice, because for a substantial share of roles you do not. If the role fails the duties test, the person is non-exempt and gets overtime whatever you call the pay. Where both structures are lawful, choose hourly when hours genuinely vary or cash is tight, and salary when the work is output-based, hours are irrelevant, and you are competing for senior people who expect it.

Can I pay a salary and still owe overtime?

Yes, and employers are frequently surprised by this. Salaried non-exempt is a real and common classification. The employee receives a fixed salary and is nonetheless entitled to time and a half for hours over forty, because the role does not meet the duties test. That means you have to track their hours despite paying them a salary, because you cannot compute overtime on hours you never measured, and the absence of records will not help you in a dispute.

How do I convert a salary to an hourly rate?

Divide the annual salary by 2,080, which is forty hours a week across fifty-two weeks. A $52,000 salary is therefore $25 an hour. But note what that arithmetic assumes: forty hours. If the person actually works fifty hours a week, the same salary is worth about $20 an hour, and the difference between those two figures is exactly what the exemption is worth to you and what it costs them.

Do hourly employees get benefits?

They can, and the pay structure does not decide it. No law makes health insurance, retirement contributions, or paid time off depend on whether somebody is salaried or hourly; the pattern is employer habit rather than a legal rule. Where the law does require something, hourly staff are covered like anybody else: state paid sick leave mandates reach hourly workers, and the Affordable Care Act coverage rules for larger employers count anyone averaging 30 or more hours a week as full-time, whatever the pay basis. Beyond those rules the choice is yours, and offering benefits to hourly staff is one of the more effective ways to compete for people in a market where many assume hourly means no benefits.

Can I switch an employee from hourly to salary?

Yes, provided the classification supports it. Moving somebody to a salary does not make them exempt, so if the role fails the duties test they remain entitled to overtime and you must continue tracking their hours. Give advance notice in writing, be clear about what changes and what does not, and be honest if the practical effect is that they will now work more hours for the same money, because they will work that out regardless.

Can I switch an employee from salary to hourly?

Yes, and it is sometimes the correct fix when you discover somebody has been misclassified. Handle it carefully: the switch is an admission of sorts, and it may raise the question of what was owed for the period before it. Give notice, explain the change, and if the reclassification is because the previous classification was wrong, get advice about the back pay position before you make the change rather than after.

What happens if I misclassify somebody?

You owe the unpaid overtime, and unpaid wages under the FLSA carry a two-year lookback that extends to three years for willful violations, plus potential liquidated damages equal to the unpaid amount and attorney fees. That means the exposure is roughly double the arithmetic. And because you were treating the person as exempt, you almost certainly have no timesheets, which leaves you arguing against their estimate of the hours with nothing to contradict it.

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