SALARIED EMPLOYEES RIGHTS

Many workers assume that being paid a salary means they are not entitled to overtime pay, extra compensation for long hours, or the same protections that hourly workers enjoy. That assumption is wrong — and employers know it. Misclassifying employees as exempt salaried workers to avoid paying overtime is one of the most common wage violations in the country. At Klie Law Offices, our employment law attorneys help salaried employees throughout West Virginia and Ohio understand their rights and recover the compensation they are owed.

We handle salaried employee cases from our offices in Buckhannon, Clarksburg, Morgantown, Parkersburg, and Canton, Ohio.

To qualify for the white-collar exemptions (executive, administrative, or professional), an employee must be paid on a salary basis at a rate that meets the minimum threshold set by the Department of Labor. Being paid on a salary basis means the employee receives a predetermined, fixed amount each pay period that is not reduced based on the quality or quantity of work performed. If the employer docks the employee's pay for partial-day absences, for working fewer hours than expected, or for other reasons related to the quality or quantity of work, the salary basis requirement may be violated — which would make the employee non-exempt and entitled to overtime for all overtime hours worked during the period the improper deductions occurred.

There are limited exceptions that allow salary deductions without destroying the salary basis, including deductions for full-day absences for personal reasons (not sickness or disability), full-day absences for sickness or disability under a bona fide plan, unpaid disciplinary suspensions of one or more full days for serious workplace conduct violations, and FMLA leave.

Certain job categories are particularly susceptible to misclassification. Assistant managers and team leads who spend most of their time performing the same work as their teams are often misclassified as exempt executives. Office coordinators, administrative assistants, and bookkeepers are often misclassified under the administrative exemption even though their duties are routine rather than involving significant discretion. Paralegals, technicians, and junior-level professionals are sometimes misclassified under the professional exemption even though they do not possess the advanced degree or specialized training required. And IT support staff and help desk technicians may be misclassified under the computer employee exemption even though their work does not involve systems analysis, programming, or software engineering at the level required by the regulations.

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Salaried employees who have been misclassified as exempt may be entitled to recover all unpaid overtime wages for up to two years (or three years for willful violations), liquidated damages equal to the unpaid overtime amount, and attorney's fees and costs. These claims can also be brought as collective actions on behalf of all similarly situated employees, which can be powerful when an employer has applied the same misclassification across an entire category of workers. Employers who retaliate against employees for raising misclassification concerns face additional liability.

West Virginia's overtime statute generally follows the FLSA framework, applying the same exemption criteria and salary thresholds. West Virginia's strong public policy exception to at-will employment provides additional protection for employees who challenge their classification or assert overtime rights. Ohio likewise follows the federal framework for overtime exemptions and provides its own statutory remedies for wage violations through wage and salary dispute claims. Our Canton office attorneys are well-versed in Ohio-specific wage and classification rules.

If you are a salaried employee working long hours without overtime compensation, you may be misclassified and entitled to significant back pay. Contact Klie Law Offices for a free case evaluation, or schedule an appointment online. We serve clients from our offices in Buckhannon, Clarksburg, Morgantown, and Parkersburg in West Virginia, and Canton in Ohio.