But I’m Salaried?! – Top 5 Salary Employment Law Myths

by | Aug 8, 2023 | Blog, Employment Policies

  • Amy Letke

    Amy Newbanks Letke, SPHR, GPHR, is the Founder of Integrity HR, Inc. Amy provides workplace solutions to improve performance, reduce liability and increase profits. She is passionate about helping other entrepreneurs and business owners achieve success. Contact us for more insights - 502-753-0970 or info@integrityhr.com

Decoding Salary Employment Law: Myths & Realities

Salary employment law, with its intricacies, often leaves employers grappling with how to manage employees who might be misusing their time off. This post aims to shed light on common misconceptions surrounding salaried employment and the associated laws.

The issue of salaried employees taking undue advantage of time off has seen a notable rise, leading several of our clients to frame precise employment policies. Both managers and employees frequently misinterpret what being a salaried employee truly entails. Here’s a breakdown of some widespread myths, focusing solely on full-time, salaried exempt employees.

Top 5 Misconceptions About Salary Employment Law

1) “Being salaried means I can’t be made to work long hours!”

Truth: While there are certain protections for child workers and roles where safety is paramount (e.g., pilots), there aren’t federal restrictions on how many hours salaried exempt employees can be asked to work. However, retaining employee satisfaction is essential, so excessively long hours are generally avoided.

2) “If I’m salaried, you can’t deduct from my PTO for a day off!”

Truth: PTO is designed to ensure you’re compensated even when not working. Employers can debit your PTO, in line with company policy, for absences, be it full or partial days. Smart management will recognize extra efforts and occasionally allow flexibility without touching PTO. But consistency in policy enforcement is key.

3) “I’m paid a salary! Why a strict 8-5 schedule?”

Truth: Being salaried doesn’t equate to flexible timings. The role may demand availability for clients, colleagues, and superiors. If you’re completing tasks faster than expected, it might just mean more responsibilities are headed your way.

4) “I should be paid the full week, no matter my attendance.”

Truth: If you’re out without PTO coverage, the Fair Labor Standards Act (FLSA) permits docking the corresponding pay, but only for entire days you missed. The absence should be on your accord. For clarity on FLSA specifics, you can Contact Us.

5) “Extra hours last week means I deserve comp time.”

Truth: Compensatory time off, or comp time, is mainly for hourly non-exempt staff, excluding those in private sectors. Although managers might grant flexibility following extra hours worked, it’s not a mandate. For in-depth insights on comp time, refer to our dedicated whitepaper.

This discussion is extensive, and we’ll delve into solutions in a subsequent post. Facing similar challenges at your workplace? Consult the resources mentioned in this post or reach out to us for expert guidance.

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