
In today’s business world, and as particularly remote staff increases in popularity with all the freelance specialists out there to do a job they may not otherwise have for full-time hire, employers face an important choice: Pay workers on salary or pay them hourly? This is not just an administrative tech detail, but a strategic decision that has ramifications for the company’s budget, talent acquisition process, employee morale and motivation, and legal compliance.
Managers at small businesses, leaders hiring outside contractors, and HR professionals tasked with finding a distributed workforce under the optimal payment structure are essential to controlling labor costs while keeping workers motivated and productive.
This ultimate guide dissects the fundamental definitions, differences, legal essentials and pros and cons of salary vs hourly pay; giving you a holistic structure to enable you to make an informed decision on which suits your business best.
A salary is an agreed-upon amount of pay that is not dependent on the number of hours worked, usually received periodically (monthly or semi-monthly rather than hourly); as such, a salaried employee will not have wages deducted for time taken off. The salary is typically quoted on an annual basis (e.g., $70,000 per year).
Salaried employees are usually employed to do: a certain job, in pursuance of goals based on that job, rather than needing to record particular times worked.
Salaried positions are typically associated with roles that require a high degree of responsibility, professional expertise, or managerial oversight.
In the United States, salaried employees are often classified as exempt under the Fair Labor Standards Act (FLSA). Being exempt means the employee is exempt from the FLSA's provisions regarding minimum wage and, critically for employers, overtime pay.
To qualify as exempt, an employee must generally meet three federal tests:
Hourly pay is a way of paying an employee for work done. Total compensation for an employee fluctuates on actual time, including breaks, shift changes, and required overtime.
This pay system gives employers a clear and measurable relationship between effort (work) and labor cost.
Hourly positions are common in roles where time-on-task is the primary measure of output, or where shifts and total hours need to be tightly controlled.
Hourly employees are typically classified as non-exempt under the FLSA. This classification means they are not exempt from minimum wage and overtime requirements.
The difference between salary and hourly pay extends far beyond a simple calculation of annual earnings. For a business, these differences dictate budgeting, scheduling, and overall employee management.
| Feature | Salaried (Typically Exempt) | Hourly (Typically Non-Exempt) |
|---|---|---|
| Paychecks | Fixed and predictable; consistent cash flow for the employee. | Variable; fluctuates based on hours worked and overtime. |
| Overtime Pay | Generally not eligible for overtime pay, regardless of hours worked. | Mandatory overtime pay (1.5x regular rate) for all hours over 40/week. |
| Tracking Time | Less emphasis on daily time tracking; focus is on output/results. | Strict requirement to accurately track all hours worked, for compliance. |
| Benefits | More likely to receive comprehensive benefits (Health, 401k, Paid Time Off). | Benefits may be limited or non-existent, especially for part-time roles. |
| Budgeting | Labor costs are highly predictable and fixed, simplifying financial forecasting. | Labor costs are variable, with potential for unexpected overtime expenses. |
| Work-Life Balance | Can be challenging; the expectation is to work until the job is done, potentially leading to long hours without extra pay. | Clear separation; employees are paid for their time, creating a defined boundary. |
Choosing the right structure requires weighing the financial predictability of salary against the cost control flexibility of hourly pay.
The right decision is based on a careful analysis of your company’s operations requirements, legal requirements and talent strategy.
Compliance is non-negotiable. Erroneously classifying an employee could result in heavy fines and legal action, particularly for unpaid overtime. First of all, you need to consult the FLSA’s Salary-Level and Duties Tests.
It is important to remember that an employee does not become exempt automatically just because they hold a title of “salaried” or are paid a salary. What counts is what they are supposed to do, in fact.
Research what competitors in your industry and region pay for similar positions. Not adhering to the industry norm can affect your business’s ability to attract and keep top talent.
For high-demand, specialized, or remote roles, a salaried position with generous benefits can be an attractive weapon in the war for talent; it’s indicative of stability and long-term commitment. Should your talent pool value work-life balance and a distinction between work and personal time, an hourly system that compensates fairly for all work might be a better incentive.
Regardless of the base pay structure, employers can use incentive-based compensation to drive performance:
No. The fundamental tax treatment (federal, state and local income tax; FICA taxes similar to Social Security and Medicare) is identical. The withholding rules apply to both salaried and hourly wages. The key difference is that withholdings for a salaried employee are based on a consistent gross pay, but hourly employee’s vary depending upon hourly income.
Yes, under specific circumstances. "Salaried" is not synonymous with "exempt from overtime." An employer has the option of designating an employee to be non-exempt salaried. These people are paid a steady weekly salary but the employer is still required to track hours and pay OT at 1.5 times their ‘calculated regular rate’ for all hours over 40 they work or to be compliant with the FLSA.
In general, yes, for reasons they can’t control. FLSA’s Salary-Basis Test provides that the amount of salary paid to an exempt employee must be the same for each week in which he performs any work regardless of the number of days or hours. An employer may not “dock” an exempt employee’s pay for work less than a full day, absence from work to attend jury duty or because of military service obligations. However, pay can be docked for full-day absences to illness once an employee has used up their paid sick leave or suspension of one or more entire days due to work rule violation.
The main law is the Fair Labor Standards Act (FLSA), which describes when a person can be considered exempt from overtime and minimum wage regulations. The primary legal tests for determining whether the employee is considered exempt are meeting a minimum salary requirement (the Salary-Level Test) and performing particular, executive, administrative or professional duties (the Duties Test). Failure to conform is a significant legal jeopardy for employers.