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Fee for Service and Salaried? New York

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  • Fee for Service and Salaried? New York

    There is a huge discussion in NYS about whether a Fee for Service employee is technichally considered "salaried". Let me give you my case, and please tell me if I am technichally "salaried". I am an employee, who has been hired "fee for service". In other words, I get paid per "case". However, I am an employee of the agency that I work for, and do not "contract". I pay my NYS and Federal taxes directly from my paycheck. My paycheck does vary greatly depending on how many cases I have per week. People have been saying that I am not "salaried". However, I think I technically am. Which is true? In my profession, the term "salaried" is very important (per NYS regulations).

  • #2
    "Salaried" has no legal standing. The legal issue is whether your position is exempt or non-exempt under the Fair Labor Standards Act and that is determined by your job duties and responsibilities.

    If you are an exempt employee, the law allows you to be paid on a fixed salaried basis. If you are a non-exempt employee, you can be paid by the hour worked OR on a salaried basis provided you also receive overtime for all hours worked over 40 in each 7-day payroll period.

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    • #3
      Originally posted by Stacey_1549 View Post
      In my profession, the term "salaried" is very important (per NYS regulations).
      Care to explain this?

      You are likely exempt. You are not salaried, IMO.
      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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      • #4
        "Salaried" is merely a pay method. Exempt employees must, with very limited exceptions, be paid on a salaried basis. Nonexempt employees MAY be paid on a salaried basis or an hourly basis or a "fee for service" basis with additional requirements.

        What state "regulations" are you talking about?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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