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Question about Salaried Method of Payment South Carolina

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  • Question about Salaried Method of Payment South Carolina

    Hello!

    I was hired to work for a marketing firm as a basic HTML writer in SC in July 2009 as a full-time, salaried employee (under the impression that as salaried we were exempt from overtime pay). I was initially hired at a rate of 18k per year and since being hired I've had raises to where, just before going part-time hourly, I was making 26k/yr. I didn't think much of my initial salary amount until a couple of days ago when a coworker of mine said that there was a SC law stating the minimum starting salary for a salaried employee is $24k?

    Is this true or is my coworker just dreaming?

    Thank you!

  • #2
    Your co-worker is not exactly dreaming, but is not entirely correct either.

    There is a Federal (not state) law that in order to be considered exempt, the employee must be making no less than $455 per week, which comes to something between 23 and 24 grand annually.

    Note that salaried is only a pay method and means nothing in and of itself. Not all salaried employees are exempt; not all exempt employees are salaried. The Federal law refers to exempt employees ONLY; it is not impossible to be non-exempt salaried with a lower salary. Of course, a non-exempt employee would also have to be paid for overtime if they worked over 40 hours in a week (regardless of the amount of their salary - limited exceptions apply but would not likely apply in the situation you describe).
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      It's likely the company was using the Computer Professional exemption to justify your exempt status. However, see the duties tests in the link below; it's also likely you duties may not have met the criteria.
      http://www.dol.gov/whd/regs/complian...e_computer.pdf
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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      • #4
        Thank you, cbg & Patty.

        I took a look at the Computer Professional exempt criteria and I definitely do not match that. I did perform some graphic design work for the company on occasion, which I think does fall under the Professional exempt criteria (creative section)... it was not consistent work however so I'm not sure if that applies. Regardless, I believe I got the information I need.

        Thank you both for helping me get a better understanding of this!

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        • #5
          It would have to be your "primary duty", not just "ever so often".
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            Agreed. Also the Professional exception tends to have some specific educational requirements, depending on the profession.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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