Legal Question in Business Law in Tennessee

Re: Salaried Employee

Believe it or not, what you are asking is very complex. It is not clear to me exactly what you want to know, so I will give you some information from which you should be able to tell what your rights are. If you need more information please check out my web site, www.overtimepaylaw.us which has a lot of information on compensation issues.

Your inquiry seems to me to be concerned with how you should be compensated. In and of itself a "salaried employee" does not have any legal meaning. The more important question is: Do you work overtime (more than 40 hours per week) and are you paid time and a half for that time? Also, does your employer consider you to be "exempt" for overtime compensation? The only way to qualify for an exemption is if your duties and responsibilies entitle your employer to not pay you overtime. Paying you a salary does not absolve your employer from paying you overtime.

If you actually work 40 hours a week or less, then lunch periods and time clocks are not important. But, if your employer uses those things to pay you less than your salary or avoid overtime compensation, you could be owed back wages.

You must be paid for every minute that you work. Your employer cannot ask you to "volunteer" to work off the clock. Your employer cannot use a salary to cover time you work over 8 hours a day and dock you for time when you work less than 8 hours a day. Also, there is overtime to consider.

If you believe that you are working and not getting paid for it or working overtime and not getting overtime payments and you are not an executive, manager, computer programmer, or professional (with a degree and license) you should consult with an experienced overtime employment lawyer to see if you are owed any back wages. If you are being paid incorrectly your claim could be worth several thousand dollars depending on how long the practice has been going on. I hope this has helped you. Good luck.