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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32747
Experience:  Employment Law Expert
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I was hired at my company with no employees beneath me at a

Customer Question

I was hired at my company with no employees beneath me at a salaried position. I have been told by people that if you do not have people beneath you, then you cant be hired at a salary? Is this true?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.
Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts.
No, that's untrue.
There are a number of different factors that can play into whether someone can be salaried or not. Having employees under you is not one that is dispositive of the issue.
The law that covers this is the Fair Labor Standards Act (FLSA) and that is administered by the Department of Labor. The positions are usually referred to as "exempt" rather than "salaried" because some salaried workers still get overtime. The issue is whether your position and duties are exempt from overtime.
The Department of Labor has a list of some jobs that are specifically exempt but the list isn't all inclusive and to determine whether it is legal not to pay you overtime they have to evaluate everything you do.
The list is at http://www.dol.gov/elaws/esa/flsa/screen75.asp