Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I was hired at my company with no employees beneath me at a

Customer Question
salaried position. I have...
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: 2 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 5 minutes by:
6/12/2015
Employment Lawyer: Dwayne B., Lawyer replied 2 years ago
Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 34,054
Experience: Employment Law Expert
Verified
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
Ask Your Own Employment Law Question
Ask Dwayne B. Your Own Question
Dwayne B.
Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 34,054
34,054 Satisfied Customers
Experience: Employment Law Expert

Dwayne B. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,264 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
I'm looking for an employment/labor law attorney to
I'm looking for an employment/labor law attorney to represent me. 15090 zip code area … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm having trouble locating a labor law lawyer here in ABQ.
I'm having trouble locating a labor law lawyer here in ABQ. NM.know one seems to have had a case in the situation of collection of final pay check. Back in July Partrick from this site explained the s… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I work for bjs. SALARY EMPLOYEE. I WORK OVER 40 HRS EVERY
i work for bjs. I'M A SALARY EMPLOYEE. I WORK OVER 40 HRS EVERY WEEK. IS THIS LEGAL … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
I work at a private school. I am paid a salary but am not
I work at a private school. I am paid a salary but am not full time. Just now they want to add an extra hour to my schedule. What are my options? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
My pay status was changed from an hourly wage to salaried
My pay status was changed from an hourly wage to salaried over 6 weeks ago. My paper trail with company proves that I have never worked a forty hour week. I am expected to cover any and all shift that… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,036 satisfied customers
Can a fully exempt salaried management employee be docked on
Can a fully exempt salaried management employee be docked on an hourly basis? … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
A salary exempt employee works a 40 hour work week. If that
A salary exempt employee works a 40 hour work week. If that employee typically works 5 - 8 hour days however on occasion the schedule requires night meetings resulting in 10 hour days or even 12 hour … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
What are the salary requirements for a Exempt employee in
What are the salary requirements for a Exempt employee in the state of Texas for 2017? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,072 satisfied customers
I just became salary and would like to know if what my
Hello! I just became salary and would like to know if what my employer is doing is lega. … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
A salaried employee is paid twice a month on the 15th and
A salaried employee is paid twice a month on the 15th and 30th. If they quit before a year is up am I required to go back and figure the salary hourly or weekly instead of the salary schedule as in th… read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
34,897 satisfied customers
I am a Salaried exempt employee in Tennessee. If I am sick
I am a Salaried exempt employee in Tennessee. If I am sick or out for any reason I am required to use a vacation day. Even though I may still take work phone calls and work out issues from home. This … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers
US Tax and Labor Law Question, Entertainment Industry: An
US Tax and Labor Law Question, Entertainment Industry:An individual sets up a single member LLC for the purpose of producing a single short film, and is raising funds for the production via crowdfundi… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
886 satisfied customers
I am a salaried employee of a local business and was
Hi, I am a salaried employee of a local business and was recently shorted on my weekly paycheck, their reason being that I only worked 4 days of the previous week. However, I routinely work 6-7 day we… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a question regarding salaried employees and the Fair
I have a question regarding salaried employees and the Fair Labor Standards Act. … read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
I am paid salaried. however I am putting in 10 to 12 hours a
I am paid salaried. however I am putting in 10 to 12 hours a day without compensation of any sort. what are might labor rights? … read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
This is a question for a "labor law" specialist. I have an
This is a question for a "labor law" specialist.I have an employee that shows up to work about 15 minutes early. Sometimes it is 20 or more and sometimes it is less. When he comes to work he immediate… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,480 satisfied customers
I have a question regarding FMLA and FLSA. employee as
I have a question regarding FMLA and FLSA. I am Exempt employee as outside sales, however employer is taking far more deduction from pay then I feel is legal? … read more
John
John
Employment Lawyer
Doctoral Degree
3,773 satisfied customers
Because of the new FLSA overtime law for salaried employees
Because of the new FLSA overtime law for salaried employees ($913/wk, $47476/yr) that was suppose to be effective on Dec 1, 2016, my employer changed me from a salaried employee to an hourly employee.… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x