Federal and Kansas Salaried Employee Rights
Are You Paid Salary? You May Still be Eligible for Overtime Pay.
If you are a salaried employee, you may have questions about your rights in regard to overtime pay, paid time off and other compensation-related issues. At Brady & Associates, our employment lawyers focus on helping employees get paid properly.
If you have questions about salaried employee rights, contact our Kansas City lawyers online, or call us at (913) 696-0925.
What is Salary?
Salary is an amount of money that does not fluctuate due to quantity or quality of work performed, paid on a weekly basis (or less frequently) to an employee.
Salaried Employee Exemptions
Individuals often have the general understanding that if they get a salary, they are not entitled to overtime pay. That is not entirely accurate. According to the Fair Labor Standards Act, three factors are considered when determining a salaried employee's eligibility for overtime pay:
- Salary amount
- Job duties
- Method of payment
The following is a non-exclusive list of exemptions from overtime pay:
- Executive exemption - For classic managerial positions with primary managerial duties: Hiring and firing, setting work schedules, making disciplinary decisions, etc. This applies to individuals who are in a managerial role over two or more full-time employees (CEOs, shift managers, crew leaders, etc.).
- Administrative exemption - For employees whose primary job duties include office and non-manual management: setting up management policies, general business operations, etc. This may include HR managers, product line managers and workers who make decisions about the overall direction of a business.
- Professional exemption - Involving jobs that require a specialized degree, an exercise in judgment, and that are predominantly intellectual in nature. Included are doctors, lawyers, accountants, engineers, etc.
- Computer employee exemption - Involving highly skilled computer specialists, typically using skills to determine hardware or software specifications, develop computer systems or programs, or design computer systems.
- Outside sales exemption - Applies to workers who make sales away from the employer's place of business. (In certain instances, employees working from home may be considered to be working at the employer's place of business.) Individuals who make sales at a customer's place of business are usually outside sales-exempt. This can include door-to-door salesmen and wholesalers.
Free Consultation with Our Kansas City Employment Attorneys
At Brady & Associates, we help employees get paid properly by helping them determine whether they are eligible for overtime pay, and if they are, helping them recover it. We assist clients in determining eligibility through the salary basis test, which is governed by the Federal Labor Standards Act (FLSA.)
To set up a free phone consultation, call our Kansas and Missouri attorneys at (913) 696-0925. Contact us online to find out more about workers' salary and salaried employee rights.