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Salaried Employee Rights

Employees in the United States can get paid for their services in two ways. They may either get a regular salary or may be given hourly wages for their work. The law has provided many rights and rules for both the salaried employees and for workers on hourly wages. The salaried employee rights may be different from the rights that employees who are paid by the hour have. Below are the top questions about salaried employee rights that have been answered by the Experts.

What are the types of salaried employees?

Salaried employees may be of two kinds – exempt employees and non-exempt employees. An exempt salaried employee is paid the same amount of money every week as long as the employee works each day of the workweek. No amount may be deducted from the salary unless the employee is absent for an entire work day.

The non-exempt employee is paid like any other hourly employee. The employee is expected to work the same number of hours every day. Failure to work that many hours may lead to reduction of wages. If the employee happens to work for more than the said time, he/she may be paid overtime.

Do salaried employees have any legal mandated off time?

There are a lot of laws regarding salaried employee rights. These rights depend on whether you are an at-will employee or an hourly non-exempt employee. The salaried employee rights sometimes also differ from profession to profession. However, in most cases, if you are an at-will employee and are not under any employee contract, the employer can make you work any number of hours. There may not be any legal mandated off time provided.

Salaried employee rights and overtime work

In most cases, there are no particular rights for salaried employees regarding overtime work. Employers can make the employees work for long hours. However, the employee can negotiate for more pay or settle for fewer hours by speaking to the employer.

Can an employer garnish a payment from a Qualified Retirement Plan?

Laws about an employee’s pay differ from state to state. In some states, an employer cannot deduct money for any reason from the regular wages or other payments of an employee. In most states, the employer cannot legally garnish a debt from a qualified retirement plan. If an employer tries to take money from the employee’s retirement pay, the employee may report the same to the appropriate authorities or sue the employer in a court for theft of property.

Salaried employee rights and leaves

Salaried employees have rights provided to them as far as sick leave; vacation leave or other time off is concerned. However, these rights may be claimed only if the employee has signed a contract with the employer that allows sick leave and vacation leave. In such cases, if the employer does not permit the employee to take time off, it would be considered to be a breach of contract and the employee could sue his/her employer. But if there is no such contract, then the employer can make the employee work for as many hours as he/she wants without time off.

Not knowing what your salaried employee rights are may leave you frustrated and confused in a difficult situation. Ask Experts on to get answers to your questions about employee rights, administrative leave, verbal offers and any other employment law related questions.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
7 Employment Lawyers are Online Now

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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Salaried Questions

  • I have been with my company for over 25 years. Recently I

    I have been with my company for over 25 years. Recently I applied for a position and was overlooked. The position was given to someone that has been a union worker over myself that have been an salaried non-exempt with a masters in accounting. I have been overlooked for years to get a supervisory position but there is always a reason not to move me. I need advice as what I can do to get the position and get a settlement. I feel emotionally stress, humiliated and slapped in the face. Help me.
  • Hello, My name is***** and I live in Largo Fl. 33773.

    Hello, My name is***** and I live in Largo Fl. 33773. I work for a landscape Co. doing anything from lawn service, installing sprinklers to full tree removal. My boss pays me a salary of $400.00 per week and does take out taxes and such. I often work 60 to 70 hours a week and only get an extra $80 per day if I work on Saturday or Sunday. If for any reason I do not work a day during the week I have to give my boss $80.00 for that day and I am still paying taxes for a full pay check. My questions are Shouldn't I be getting OT and is it legal for him to take the money and I am forced to pay the taxes? So far in the 9 plus months I have never received a pay stub showing my earnings, shouldn't I? Also last week while I was getting a blower off the trailer my foreman called me over to do something else and we ended up not blowing the job off and I forgot to latch down the blower and it fell off. My boss now wants to take 2 weeks of my pay to replace a 4 year old blower? Can he do this? I am scared if I say anything he'll fire me and I can not afford to lose my job but I also can not afford not to work and not get paid. What should I do?
  • Hi, I work for a small hotel in Charleston, SC. I accepted

    Hi, I work for a small hotel in Charleston, SC. I accepted a salaried job paying $36,000 and received a written contract saying I would be expected to work 40 hours per week and get two days off a week and two weeks vacation.
    With in days after starting the job I was asked to work beyond 8 hours a day. Being my first full job I had no problem with helping out from time to time.
    The small hotel began losing staff and I was expected to help out to a greater degree.
    This has grown into a big problem. I have been for the past 10 months working 6 to 7 days a week, 10 to 12 plus hours per day, at times working 3 to 4 weeks with no day off. I am in serious concern for both my mental and physical health.
    I was hired to be the full time concierge with some back up responsibilities. I have been cleaning toilets, taking hotel laundry to my home to wash, cleaning rooms, making beds, I was appointed manager of the front desk, I'm a porter and valet, and lastly, part time concierge.
    My question is do I, as a salaried employee, have any protections?
    Can I be fired if I say this is too much and need to work less hours?
    My 1 year contract has expired and I have not received a review or a new contract.
    Please help.
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