What is the lowest salary required for salaried employee’s?

Get Legal Help Today

 Secured with SHA-256 Encryption

What is the lowest salary required for salaried employee’s?

My wife is a receptionist and
recives no overtime. She makes
about 33 thousand a year.

Asked on August 3, 2017 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

There is no legal limit for how low a salary can be. A salary is just how you pay it: e.g. in equal weekly amounts, without counting hours worked. Being paid a salary has nothing to do with the amount.
If you mean how low can it be for an employee to not be eligible for overtime (since salaried employees *can* get overtime, though the calculations are more complex than for hourly staff), the threshhold is approximately $23,600 per year.
However, it's not enough to be paid a sufficient salary: to be exempt from overtime, the employee must also meet one or more of the tests or criteria to be exempt; her job duties and authority must meet certain tests. You can find these tests on the U.S. Department of Labor website under "overtime": compare them, especially the "administrative employee" criteria, to your wife's job. If she meets at least one test, then based on how much she earns, she would not get overtime. But if she does not meet at least set of criteria, then even though she is salaried, she likely is entitled to overtime; in that case, if works more than 40 hours per week without getting overtime, contact the Dept. of Labor to file a complaint.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption