Legal Question in Employment Law in Florida
Salary position
I wanted to know what classifies one
has being a salary based employee? Do
you have to have a minimum of two
people working under you to be
classified as salary?
2 Answers from Attorneys
Re: Salary position
That is for one of the exemptions. There are other exemptions which do not require the 2 person minimum. More facts are needed to ascertain.
Re: Salary position
In order to be considered salaried under both Florida and U.S. wage laws, your employer must pay you a fixed amount of money each week of at least $455. Generally, they may not make deductions for anything except full days missed (if they have a "bona fide sick day/absence" plan in affect). However, even if you are a so-called salaried employee you still must fall under one of the exemptions to overtime requirements or you'd be entitled to overtime. Frequently, salaried employees are wrongly denied overtime because they lack the necessary duties for an exemption under the law.