Employment Law

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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.
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