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legaleagle, Lawyer
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What exactly does a salaried employee mean What are the

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What exactly does a salaried employee mean??? What are the requirements to be a salaried employee?? When is it ok for an employer to dock an employees wage, and when is it not ok???   Thank you!!!!!
Submitted: 6 years ago.
Category: Employment Law
Expert:  legaleagle replied 6 years ago.
Salaried employee means the employer pays the person a monthly or bimonthly rate. For example, when hired you are told you will be paid $3000/mth or $1500/every two weeks, you are not given an hourly salary as your pay rate. An employer decides if they want to hire someone as a salaried or hourly employee. It is completely up to the employer to designate. An employer can dock wages from a salaried employee if the employee fails to attend work as scheduled and the employer does not give paid sick or personal leave time to cover the employees absence as paid time off. The employer can not dock the salary for false reasons.
Customer: replied 6 years ago.

I think I asked the question wrong, Can an employer dock 1 or 2 hours of missed time and not pay the same employee when they stay an hour or 2 late. Does a salaried employee have to have certain credentials to be considered a salaried employee??? ann how would sicktime and vacation time work into this as a salaried employee??

Expert:  legaleagle replied 6 years ago.
If an employee works 8 hours in a day, if that is what they are required to work, then the employer can not dock them for an hour or 2 if the employee did not miss an hour or 2. To be considered salaried, you have to look at the employer's classification of salaried. It would be up to the employer if any creditials are required to be considered salaried. An employer could have everyone as hourly, even upper management with MBAs if they wanted to. If an employer gives employees sick or vacation time, the employee can miss a day due to illness and report the time as sick time and still get paid even if they are salaried or hourly. Or if the employee asks for and gets vacation time approved and they have accrued vacation time, they will get paid for the days off that they have time to cover whether they are salaried or hourly.
Customer: replied 6 years ago.

1) One year ago, I was hired at a dental practice in AZ, as a salaried employee. Recently, I read on the AZ Labor Board website, that there was specific requirements to be legally considered a salaried employee, that I do not meet.

 

A) Am I or the owner of the dental practice, breaking any AZ State Labor Laws?

B) Am I supposed to be salary or hourly?

 

2) Right or wrong, I worked the previous year under agreement with the owner, as a salaried employee. During this previous year, the owner has repeatedly closed the office doors for personal reasons at a moments notice without my agreement ( hours, days and 2 extra weeks ) while docking my pay for the time I should have worked.

 

A) Is he allowed to do this? The accumulation of missed time is now well into the thousands of dollars.

B) Under the owners understanding of AZ State salaried employees, I am docked more time if I miss an hour every once in a while and I am expected to work overtime regularly for free and work sometimes on my own home time......... Can he do this???

 

 

 

 

Expert:  legaleagle replied 6 years ago.

1) I could not find anything on the AZ Labor Board sight that stated you had to meet certian requirements to be salaried. The only law that I found is that the employer must pay employees every 2 weeks (salary or hourly employees alike) unless the employer's principal place of buisness is out of AZ then they can pay monthly.

2) AZ does not have any overtime laws. There is only a minimum wage law. So for overtime the employer is required to follow the federal law (fair labor standards act). So if you are salaried and qualify as exempt under the federal law the employer can require you to work 50 hours one week and not pay overtime, then only have work for 10 hours the next, but they are not requird to pay you for the 30 hours missed in that week unless you have paid personal time to cover the missed hours. With few exceptions, to be exempt an employee must (a) be paid at least $23,600 per year ($455 per week), and (b) be paid on a salary basis, and also (c) perform exempt job duties. These requirements are outlined in the FLSA Regulations (promulgated by the U.S. Department of Labor).

There are three typical categories of exempt job duties, called "executive," "professional," and "administrative."

The job duties of the traditional "learned professions" are exempt. These include lawyers, doctors, dentists, teachers, architects, clergy. Also included are registered nurses (but not LPNs), accountants (but not bookkeepers), engineers (who have engineering degrees or the equivalent and perform work of the sort usually performed by licensed professional engineers), actuaries, scientists (but not technicians), pharmacists, and other employees who perform work requiring "advanced knowledge" similar to that historically associated with the traditional learned professions.

Professionally exempt work means work which is predominantly intellectual, requires specialized education, and involves the exercise of discretion and judgment. Professionally exempt workers must have education beyond high school, and usually beyond college, in fields that are distinguished from (more "academic" than) the mechanical arts or skilled trades. Advanced degrees are the most common measure of this, but are not absolutely necessary if an employee has attained a similar level of advanced education through other means (and perform essentially the same kind of work as similar employees who do have advanced degrees). In my understanding you meet the test as having a professional job and are paid on salary and as long as it is more than $455 per week, you are an exempt employee.

 

Under AZ law an employer may only withhold an employee's wages when the employer is required by state or federal law, the employer has the employee's prior written authorization, or there is a reasonable good faith dispute as to the amount of wages due, including the amount of any counterclaim, reimbursement, recoupment or set-off asserted by the employer.

Since you are exempt and salaried by law the employer only has to pay you for time worked so he can dock your pay for hours not worked in a week even if it was due to him closing the office.

 

legaleagle, Lawyer
Category: Employment Law
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Experience: Practicing Attorney for 10 years
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