Legal Question in Employment Law in Alabama

Re: salaried job requirements

This is an extremely fact specific question as to whether you can be classified salary or not. Many employers try to classify everyone they can as salaried, but the regulations spell out how and what exemptions apply.

However one of the big, big factors is when an employer deducts pay for taking less than one day off. If an employer routinely (not just every now and then, but as a matter of policy) deducts pay by calculating an hourly rate for time missed, then the employee is an hourly paid person regardless of other factors and the employer is liable for all other times in which the individual worked in excess of 40 hours in a week. You might meet that criteria.

In sum, I need to know a lot more information before giving you a firm answer.

Send me a note at sderamus@bellsouth and I'll be happy to see what I can do. I do love the Fair Labor Standards Act as it is very strong and provides for attorney fees.

Sterling L. DeRamus