Definition of "Salary"

[JennK2009]

Illinois

Does "salary" mean wages for 40 hours worked? If I work for "salary", it is my understanding that is wages for 40 hours - sometimes more, sometimes less. I would imagine my employer would prefer it to be more, but can they automatically schedule me for more?What is the name of your state (only U.S. law)?

 

[Zigner]

Illinois

Does "salary" mean wages for 40 hours worked? If I work for "salary", it is my understanding that is wages for 40 hours - sometimes more, sometimes less.

Nope - Salary is paid to you for doing your job, not for the amount of time it takes you to do your job.

 

[pattytx]

Nope - Salary is paid to you for doing your job, not for the amount of time it takes you to do your job.

That's true, assuming by "salary" you mean "exempt". Not knowing what you do or what type of business you do it for, we can't say any more than that.

 

[Zigner]

That's true, assuming by "salary" you mean "exempt". Not knowing what you do or what type of business you do it for, we can't say any more than that.

True enough

 

[JennK2009]

What's exempt?
I work in an office with a specific title, and have benefits.

 

[cbg]

That has nothing whatsoever to do with it. Your exempt/non-exempt status is determined by your job duties; not where you work, how you are paid, whether you do or do not get benefits, your job title, how many hours you work, or any other feature of your job beyond your duties.

Assuming that you meet the floor wage for exempt status, which is $455 per week, the ONLY factor beyond that is what you actually DO.

IF you qualify as exempt, then your salary covers all the time you work, no matter how many hours or how few. It is NOT what too many people assume - that you are paid for 40 hours and that all time beyond that is unpaid.

 

[JennK2009]

You are right about people not understanding "Salary."

One part of "exempt" is the base wage floor (?) Am I correct to assume this includes the employer taking out my taxes along with paying their obligations such as unemployment/workman's comp, etc?

Does this vary state to state and how is it determined? Cost of living? Prevailing wage? Does this have anything to do with someone being classified as an independent contractor?

Second: you say it depends on what I DO. Is there a list of DO's that are qualifiers or is dependent on each job classification? Does that vary state to state as well?

Thank you all so much for helping!

 

[eerelations]

You still don't get what we're saying.

"Exempt" employees are those employees who are exempt from overtime pay regulations. "Non-exempt" employees are those employees who are legally entitled to overtime pay. Neither term has anything whatsoever to do with tax withholdings, benefits, or independent contractor status.

Exempt employees are classified as such based on what they do and if they're paid at least $455 per week. There is no magic list in any state that encompasses what exempt employees do.

Just tell us what you do, and we'll tell you if you're exempt or not.

 

[justalayman]

a salary is a form of pay schedule where you are paid a fixed amount per term.

if you get paid $1000 per week, you are salaried.

In the US, if you are "exempt", that is all your employer ever has to pay you no matter how many hours you work.

If you are non-exempt, you are entitle to a modified salary where you do earn overtime pay and extra pay for working more than your regular work week.


exempt and non-exempt are classifications used to determine which "salary" method you can be paid.


So, for the whizkids (ee, patty, and cbg) to be able to help you determine if you are exempt or non-exempt, they need to know what you actually do at work and do you make more than $455/week.

and it may or may not be needed but what has your employer determined to be your regular number of hours to work per week? (it's to help determine how much overtime you should get)

 

[JennK2009]

My job is to explain this stuff to other people. I clearly am exempt – whatever the heck that means! I know it means no OT. I hate to ask, but what else?

Minimum magic number is $455 in IL. Is this magic number determined by the state or is it determined at the federal level? What is it, say, in Michigan?

I WAS looking for the magic list that encompasses what “exempt” employees DO. Thank you for telling me that none exists, or only exists when it is “employer determined.” I am not looking for an exact answer; I am trying to understand the law. Which kinda means you have to know the law.

(Which sometimes leads to breaking the law or blaming your advisors -little inside joke to all the Illinoisians reading this today)

I couldn’t find anything at the IL DOL site and am having a little bit of *luck* on the US DOL site.

Thanks for your time.

 

[justalayman]

JennK2009;2613113]My job is to explain this stuff to other people. I clearly am exempt – whatever the heck that means!

who determined you are exempt? based on what?

I know it means no OT. I hate to ask, but what else?

it deals with OT pay (or lack of it in an exempt situation), when you can take time off and still get paid and when you can take time off and not get paid.

Minimum magic number is $455 in IL. Is this magic number determined by the state or is it determined at the federal level? What is it, say, in Michigan?

$455 is the fed number. I think most states go along with that. I believe there is a state or two that is different.

I WAS looking for the magic list that encompasses what “exempt” employees DO. Thank you for telling me that none exists, or only exists when it is “employer determined.” I am not looking for an exact answer; I am trying to understand the law. Which kinda means you have to know the law.

read away elaws - Fair Labor Standards Act Advisor

do you want something specific to IL or fed. You mentioned MI so not real clear on what you are looking for exactly.

 

[pattytx]

"Explaining stuff to people" doesn't mean squat to anybody.

 

[cbg]

Not everyone who is paid on a salaried basis is exempt.

Not everyone who is paid on an hourly basis is non-exempt.

The $455 floor is Federal law. While a state could execute a higher level, and some have, Michigan follows Federal on this matter.

WHAT do you explain to WHAT people?

 

[pattytx]

You ask for information, it's not even you, then you refuse to answer the questions responders need to give you a valid response.

Please feel free to ask for a refund on your way out the door.

 

[Zigner]

OP: Take your potty-mouth somewhere else.