Labor Laws Salary

Salaried employees may or may not be exempt from overtime, while all waged employees are nonexempt. Salaried employees are usually supervisory, managerial, or professionals who work on an annual basis and do not have an hourly pay rate. To be exempt from overtime an employee's main duties must be in managing the business or a recognized subdivision. Such an employee must be involved in the hiring and firing decision making. An administrative employee must have special expertise. Salaried employees are paid for the same amount of hours weekly regardless of how many actual hours they work-even if they work less than 40 hours. The employer may not reduce the salaried employee's weekly pay for business operations such as lack or work.

Fast Facts

  • For an employee to be exempt from overtime he/she must earn $455 or more per week or $23660 annually.
  • If an employer fails to pay a "salaried" employee properly, this employee will become eligible to receive overtime pay and even all coworkers in the same class.
  • An employee who becomes qualified for the "computer employee exemption" may receive hourly pay at a minimum of $27.63 per hour.

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