Salaried Employees

Understanding Workplace Rights for Salaried Employees

In the modern workforce, many employees are classified as salaried workers, meaning they receive a fixed annual salary rather than hourly wages. While this classification offers stability, it also comes with specific workplace rights and responsibilities. Unfortunately, many salaried employees remain unaware of their legal protections, leading to issues such as unpaid overtime, job misclassification, and unfair labor practices. At Klie Law Offices, we are committed to helping workers understand their employment rights and take action against employers who violate wage and hour laws. This article will provide an in-depth look at the legal rights salaried employees have and what steps they can take if those rights are violated.

Salaried vs. Hourly Employees

Before delving into the rights of salaried employees, it is important to understand the key differences between salaried and hourly workers. Salaried employees receive a fixed salary each pay period, regardless of the number of hours worked. Hourly employees, on the other hand, are paid based on the number of hours worked and are often eligible for overtime pay. While salaried workers may have more predictable pay, their rights depend largely on whether they are classified as exempt or non-exempt employees under the Fair Labor Standards Act (FLSA).

Exempt vs. Non-Exempt Employees

One of the most crucial distinctions for salaried employees is whether they are exempt or non-exempt under FLSA regulations. Exempt employees are not entitled to overtime pay under federal law. They generally hold professional, executive, or administrative positions and must meet specific criteria. They must earn at least $684 per week ($35,568 per year) as of 2024, perform high-level work such as managing a team or making key business decisions, and typically have greater autonomy in their work.

Non-exempt salaried employees, however, are entitled to overtime pay if they work more than 40 hours per week. These employees earn a salary but do not meet exemption requirements. They must be paid 1.5 times their regular rate for overtime hours worked and often perform duties similar to hourly workers, such as administrative tasks, customer service, or clerical work. Employer misclassification of workers as exempt is a common issue and can result in wage violations and legal consequences. If you suspect you have been misclassified, contact Klie Law Offices for legal advice.

Common Workplace Rights for Salaried Employees

Regardless of exemption status, all employees must receive their agreed-upon salary without unlawful deductions. Employers cannot withhold pay as punishment, nor can they dock pay improperly unless the employee has agreed to it in writing. Non-exempt salaried employees must receive overtime pay for working more than 40 hours in a workweek. If an employer refuses to pay overtime, the employee may be able to recover back pay and damages through legal action.

Federal law does not require meal and rest breaks, but many states have employment laws protecting these rights. Salaried employees should check state-specific regulations to determine whether they are entitled to meal breaks (typically 30 minutes for shifts longer than a certain number of hours) and rest breaks (short breaks of 10–15 minutes during work shifts). Workplace discrimination laws protect salaried employees under federal statutes such as the Civil Rights Act, Americans with Disabilities Act (ADA), and Age Discrimination in Employment Act (ADEA). These laws prohibit employment discrimination based on race, color, national origin, gender, sexual orientation, religion, disability, medical condition, or age (40 or older).

Harassment and discrimination in the workplace are illegal, and employees have the right to file a workplace complaint or lawsuit against an employer who violates these laws. If you are experiencing discrimination or retaliation, contact Klie Law Offices, an experienced employment law firm in West Virginia. The Family and Medical Leave Act (FMLA) provides eligible employees up to 12 weeks of unpaid leave for medical or family-related reasons, including personal medical conditions, caring for a newborn or newly adopted child, or taking care of a family member with a serious illness. During FMLA leave, employers must hold the employee’s job or provide an equivalent position upon their return.

What To Do If Your Workplace Rights Are Violated

Most salaried employees work under at-will employment, meaning they can be terminated for any reason except for unlawful reasons such as retaliation for reporting workplace violations, discrimination based on race, gender, or religion, or whistleblower protection violations. If you have been wrongfully terminated, our employment attorneys at Klie Law Offices can help you explore your legal options.

If a salaried employee suspects that their workplace rights have been violated, they should take several steps. Employees should keep detailed records of all pay statements, work hours, employer communications, and instances of discrimination or harassment. They should report concerns to their HR department or employer in writing, as many companies have internal procedures for handling workplace issues.

If an employer fails to resolve the issue, an employee can file a complaint with the U.S. Department of Labor (Wage and Hour Division) for violations related to pay, classification, and working conditions. If internal complaints and government intervention do not lead to a resolution, employees should seek assistance from an employment law firm like Klie Law Offices to explore legal action.

Protecting Your Rights as a Salaried Employee

Salaried employees have essential workplace rights, but many are unaware of them or hesitate to take action when violations occur. Understanding your rights regarding compensation, workplace conditions, discrimination, and wrongful termination is crucial to ensuring fair treatment.

At Klie Law Offices, we advocate for workers’ rights and fight for employees who face unfair treatment from their employers. If you believe your workplace rights have been violated, our experienced employment law attorneys can help you explore your legal options and fight for the compensation and justice you deserve.

Frequently Asked Questions (FAQs)

Can my employer change my salary without my consent? No. Employers cannot reduce your salary without proper notice and agreement. Salary changes should comply with employment contracts and state labor laws.

What should I do if my employer refuses to pay overtime? If you are a non-exempt salaried employee, you should document your hours, report the issue to HR, and seek legal advice if the employer refuses to pay overtime.

Am I protected if I report workplace violations? Yes. Federal and state employment laws protect employees from retaliation for reporting workplace violations, such as unpaid wages, discrimination, and unsafe working conditions.

Contact Klie Law Offices Today

By staying informed about workplace rights, salaried employees can protect themselves from unfair labor practices and ensure that they are treated fairly under the law. If you need legal assistance, Klie Law Offices is here to help. Klie Law Offices has offices in Buckhannon, Parkersburg, Clarksburg, Morgantown, and Wheeling, serving clients in the surrounding areas. Our team is dedicated to providing legal representation for salaried employees facing workplace violations. If you have questions about your employment rights or believe your employer has violated employment laws, contact Klie Law Offices today for a confidential consultation. Our West Virginia employment lawyers are here to help protect your rights and ensure fair treatment in the workplace.