Kansas City Attorneys for Salaried Employee Rights
Salary is an amount of money that does not fluctuate due to quantity or quality of work performed, and is paid on a weekly basis (or less frequently) to an employee. But it’s important to understand that even if you are a salaried employee, you might still be eligible for overtime pay. The attorneys at Brady & Associates can assess the facts of your case, discuss your legal rights, and help to ensure you are compensated fairly.
Understanding the Salaried Employee Exemptions
Individuals often think that if they are paid a salary, they are not entitled to overtime pay. However, that is not entirely accurate. According to the Fair Labor Standards Act (FLSA), three factors are considered when determining a salaried employee's eligibility for overtime pay — the salary amount, the employee’s job duties, and the method of payment.
In order to understand whether you are eligible for overtime pay, it’s important to understand if you qualify for an exemption under the FLSA. Non-exempt employees are legally entitled to overtime pay, while exempt employees are not. 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 — The professional exemption applies to jobs that require a specialized degree, an exercise in judgment, and that are predominantly intellectual in nature. Included in this category are doctors, lawyers, accountants, engineers, etc.
- Computer employee exemption — The computer employee exemption involves 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 — The 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.
If you do not fall under one of the above exemptions and your employer failed to pay you overtime, you may be able to take legal action. In such cases, you may be entitled to recover your back pay, liquidated damages, and attorney’s fees.
Contact a Skilled Kansas City Lawyer for Salaried Employee Rights
If you are facing an overtime pay issue, it’s best to have an attorney by your side who can protect your legal rights and explain your options. Contact the employment lawyers at Brady & Associates for a confidential evaluation of your case. Call (913) 696-0925 or complete our online information form. Based in Leawood near Kansas City, we represent employees in Kansas, Missouri, and beyond.
