SALARIED EMPLOYEES RIGHTS

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Salaried Employee Rights in West Virginia and Ohio

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.

Salaried Does Not Automatically Mean Exempt

This is the single most important thing every salaried employee needs to understand. Being paid a salary is only one of the requirements for an overtime exemption. To be legally exempt from overtime under the Fair Labor Standards Act, an employee must meet both a salary basis test and a duties test. Failing either test means the employee is non-exempt and entitled to overtime pay for all hours worked over 40 in a workweek — regardless of the fact that they receive a salary.

Employers frequently exploit this misunderstanding by putting employees on salary, giving them a title like "manager" or "coordinator," and then working them 50 or 60 hours a week without overtime. If the employee's actual job duties do not qualify for an exemption, this practice is illegal.

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The Salary Basis Test

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.

The Duties Tests

Even if the salary test is met, the employee must also perform job duties that qualify under one of the specific exemption categories. The analysis focuses on what the employee actually does — not their job title, job description, or how the employer classifies them.

Executive Exemption

The executive exemption applies to employees whose primary duty is managing the enterprise or a recognized department or subdivision, who regularly direct the work of two or more other employees, and who have the authority to hire or fire other employees (or whose recommendations on hiring, firing, and promotion are given particular weight). A "manager" who spends the majority of their time performing the same duties as their subordinates — stocking shelves, serving customers, processing orders — does not qualify for this exemption regardless of their title.

Administrative Exemption

The administrative exemption applies to employees whose primary duty is performing office or non-manual work directly related to the management or general business operations of the employer or the employer's customers, and whose primary duty includes the exercise of discretion and independent judgment with respect to matters of significance. This is the most commonly misapplied exemption. Employees who follow established procedures, apply standard criteria, or carry out routine tasks generally do not exercise the level of discretion required for this exemption, even if their work involves some decision-making.

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Professional Exemption

The professional exemption covers two categories. The learned professional exemption applies to employees whose primary duty is work requiring advanced knowledge in a field of science or learning, customarily acquired through a prolonged course of specialized intellectual instruction — such as licensed physicians, lawyers, engineers, and accountants. The creative professional exemption applies to employees whose primary duty requires invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor.

Other Exemptions

Additional exemptions exist for certain outside sales employees, highly compensated employees meeting a higher salary threshold, and certain computer employees. Each has its own specific criteria that must be satisfied.

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Common Misclassification Scenarios

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.

Rights That Apply to All Salaried Employees

Regardless of whether a salaried employee is exempt or non-exempt from overtime, all salaried employees retain fundamental workplace protections. Every salaried worker is protected against workplace discrimination based on protected characteristics, sexual harassment and hostile work environment, retaliation for engaging in protected activities, unsafe working conditions, and violations of FMLA rights. Being classified as exempt does not waive these protections, and salaried employees should not hesitate to assert these rights.

What to Do If You Think You Are Misclassified

If you are a salaried employee working more than 40 hours a week without overtime pay, you should evaluate whether your job duties genuinely qualify for an exemption. Consider what you actually spend most of your time doing each day — not what your job description says, but what you actually do. Ask yourself whether you truly manage other employees, exercise significant discretion, or perform work requiring advanced specialized education. If your daily work looks more like what the hourly employees around you are doing, you may be misclassified.

Keep detailed records of your hours worked, your actual job duties, and any instances where your employer docked your salary improperly. Consult with an employment attorney who can evaluate your specific situation and determine whether you have a claim for unpaid overtime.

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Damages for Misclassification

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 and Ohio Considerations

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.

Why Choose Klie Law Offices

Misclassification cases require attorneys who understand the detailed FLSA exemption criteria and can analyze whether an employee's actual duties meet the legal standard. At Klie Law Offices, our employment law team has extensive experience evaluating exempt classifications, calculating unpaid overtime, and pursuing recovery for misclassified salaried employees in West Virginia and Ohio. We examine the real-world duties of each client — not just the employer's paperwork — and fight to recover the full compensation our clients have earned.

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Salaried but Working Without Overtime Pay?

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.

Office Locations

Buckhannon

21 E Main St, Suite 160
Buckhannon, WV 26201

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Parkersburg

300 Star Avenue, Unit 312
Parkersburg, WV 26101

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Clarksburg

339 W Main St
Clarksburg, WV 26301

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Morgantown

1300 Fort Pierpont Dr, Suite
102, Morgantown, WV 26508

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Canton, OH

4150 Belden Village St NW
Suite 606
Canton OH, 44718

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The first thing you’ll notice when you come to our Law Offices is that we’ll listen to your story. We want to know what you’re going through and what you need. Then, we’ll explain how West Virginia law applies to your specific situation and what your legal options are. There are no cookie-cutter answers here. We create a legal strategy tailored to each client’s individual needs.

Depending on your situation, we will find the right path forward. We are adept at resolving your legal matters through negotiation and mediation whenever possible. But we also won’t hesitate to take your case to trial if that’s what it takes to get the best possible outcome for you.

If you’re facing a legal challenge and need someone in your corner, don’t wait to get the help you deserve. Contact Klie Law Offices today to schedule a confidential consultation and take the first step toward a solution that works for you.

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