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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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Is there a minimum amount you have to pay salary employees

Customer Question

is there a minimum amount you have to pay salary employees on an annual basis?this obviously relates to an employer in the state of pa. in this case having to pay an employee on an hourly basis versus being able to pay that employee a salary.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Which overtime exemption are you attempting to apply? There are several, and the salary requirements have some variation. I very much look forward to helping you on this matter.

Customer: replied 1 year ago.
this would relate to employees of a retail beer establishment, which would be for clerks, executives, administrative,and outside
sales people including commissioned sales people working for this establishment.
Expert:  Patrick, Esq. replied 1 year ago.

Thank you.

For any of the conceivable exemptions that would apply to such employees, the minimum weekly salary is $455. Do not be confused by reference to "yearly" salaries that you may be seeing. References to the "yearly" salary minimum of $23,66 is just another way of expressing the $450/week requirement. It's simply multiplied out over the course of a year, being that salaries are often discussed in terms of the amount the employee will make after one year of employment.

This does NOT mean that an employer must pay an employee their full salary if they quit prior to one year, or if there is a lawful basis fro a reduction from the employee's salary in the course of the year. Compliance is judged on a "per pay period" basis. Provided you are paying the weekly minimum, less any permissible deductions (i.e. if an employee misses one FULL workday due to illness or personal reasons, a pro rata deduction from their salary can be made), you will typically be in compliance.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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