A salaried worker, as defined by the United States Department of Labor, is an employee who is paid a set salary amount regardless of the number of hours worked or the quality or quantity of work performed. Salaried workers are typically paid a determined amount each pay period. Pay frequency for the salaried worker may vary from once weekly to once monthly, among others. Labor laws for salaried workers determine how the worker should be paid and whether the worker is eligible for overtime pay.
Salaried employees must know the labor laws to ensure they are not exploited by employers, and employers must understand their rights and responsibilities in order to maintain compliance and avoid litigation. For example, it is essential to understand that a salaried worker must be paid his full salary for any week in which he works. The worker should be aware of such information to ensure he is able to recognize when he has been paid incorrectly, while the employer must know the law to ensure compliance.
Exempt Salaried Workers
Salaried workers are typically considered exempt under the Fair Labor Standards Act (FLSA). As long as the exempt, salaried worker is available to work, the employer may not deduct from the worker’s pay for working less than the usual expected hours. For example, if the employee works less than 40 hours because there was no work available, she must still be paid the set salary amount without reduction. However, not all salaried employees are exempt. Employers should also understand that labor laws for salary workers vary by state. For example, in the state of California, all exempt employees are paid on a salary basis.
Nonexempt Salaried Workers
As previously noted, some states require that exempt employees be paid on a salary basis. However, some salary workers are considered non-exempt. For example, as of May 2011, if the worker is paid a salary less than $23,600 per year, or $455 per week, that worker is considered nonexempt. This means that, although the worker is paid on a salary basis, she would be entitled to overtime pay and other FLSA protections afforded to the nonexempt worker.
Duty and Salary Tests
The duties test and the salary test are the two main methods used to determine whether a salaried worker is exempt or non-exempt as defined by state and federal labor laws. To determine whether a salaried worker should be considered exempt or non-exempt, it is essential to consider actual duties performed rather than considering only duties listed in the job description.
- Photo Credit Hemera Technologies/AbleStock.com/Getty Images
Salary Labor Laws
Federal labor laws for salaried employees do offer some protections. The minimum wage and overtime requirements of the Fair Labor Standards Act...
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...
Labor Laws for Salary Employee
Hourly employees' are paid according to the number of hours worked in a given pay period. Consequently, their pay may fluctuate each...
Salary Overtime Laws
Overtime Labor Laws for Salaried Employees. Employers pay salaried laymen for giving more time each week to the enterprise than the standard...
Federal Labor Laws for Salaried Employees
Hourly and salaried employees are entitled to receive payment for services rendered to their employers. While hourly employees are generally paid for...
Nevada State Labor Laws
Nevada State Labor Laws. Nevada state law covers a number of labor issues, including minimum wage, overtime, ... Federal Labor Laws for...
Labor Laws Concerning Salary Overpayments
Taking more salary than you earned leaves your employer to consider options to get the money back. Financial consequences from overpayment last...
Florida Labor Laws: Salary
Florida labor laws on salaried workers differ from the FLSA in one respect. ... The labor laws for salaried employee are different...
Alabama Labor Laws for Salary Employees
Working as a salaried employee in Alabama provides workers with benefits that cover areas such as overtime, time off and minimum wage....
California Labor Laws for Salaried Employees
California labor laws for salaried employees differ only slightly from those of workers that are paid hourly. Executives and administrators that are...