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criteria for being paid salary - Kentucky

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  • criteria for being paid salary - Kentucky

    are there criteria to be met like number of subordinates or percentage of work delegated in order for my employer to make me salary?
    if so, what are they or where can I find them.

    also, if they take my salary and make me hourly, is it legal for them to compute a wage so that I have to work say, 10 hours overtime per week in order to equal the salary I was making?

  • #2
    "Salaried" and "hourly" are just payment methods and do not mean much by themselves. Of more interest is whether the employee is Exempt (no legal right to paid overtime) or Non-Exempt (a legal right to paid overtime). Any Non-Exempt employee can be paid on either a salaried or hourly basis, and there generally are no restriction on docking a Non-Exempt Salaried employee for base hours not worked.

    If the employer wants to make the employee Exempt, then the requirements for one of the many Exempt classifications must be meet. You can find the rules for the common Exempt classifications at the following website.

    http://www.dol.gov/esa/regs/complian...irpay/main.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      And even if you do meet the criteria for exempt status, if the employer wants to treat you as nonexempt, which they legally may, they may change your hourly rate to anything that is at least minimum wage. There is no requirement that they equalize your "salary" when determining your hourly rate. Nor is there any law that is going to force them to allow guaranteed overtime just so you don't experience and effective pay cut.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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