Employment Lawyer Reveals The 3 Things Salaried Workers Need To Know So They Don’t Get Taken Advantage Of

Given the complexities of the corporate space, many employees aren’t made aware of rules, regulations, and industry standards that directly affect them. Whether it’s pay, time-off restrictions, or working expectations, many employers don’t take the time to educate their employees — of course, for their own benefit.

Workers who aren’t knowledgeable about their basic rights are much less likely to advocate for themselves, making them easier to control in the workplace.

Employment lawyer Craig Levey on TikTok said this is especially true for many salaried employees and revealed three tips everyone should learn to help protect themselves from being taken advantage of at work.

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Here are the 3 things you should know as a salaried worker to avoid being taken advantage of, according to an employment lawyer:

1. You are still eligible for overtime, even if you’re a salaried worker

“Just because you are paid a salary, doesn’t automatically mean you do not get overtime,” Levey explained. “The Fair Labor Standards Act (FLSA) sets forth who is entitled to overtime and there are a number of factors that are analyzed.”

The act states that any employee working more than 40 hours per week is entitled to overtime pay, including some salaried workers under certain conditions. Currently, if the salaried employee is making under the salary threshold, working more than 40 hours a week, and working in a specific industry or role characterized by the exemption criteria, they’re eligible for overtime by the U.S. Department of Labor’s standards.

The act is essentially working to combat the bane of many employees’ existences: being overworked and underpaid. Under these exemptions for overtime, employers are not able to take advantage of a salaried employee's work-life balance, time-off, or compensation by ensuring they do more work than their agreed-upon hourly schedule.

2. You’re paid for the entire week rather than just for the hours you work

Salaried employees should also never allow their employees to quantify their hourly work in exchange for a modified paycheck at the end of the week or month. “The general rule is that if a salaried worker performs any duties in a specific work week, they should be paid for the entire week,” he explained.

Levey went on to say, “This is different from most hourly positions where an employee only gets paid for the hours they work. This, of course, assumes that the employee is able to work and isn’t out of work on something like unpaid leave.”

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Regardless of shifts in workloads or responsibilities, salaried employees are entitled to their pre-determined compensation at whatever pay schedule in their employment contract. 

Don’t let employers use fear tactics related to compensation to force you to take on more responsibilities or projects — you’re entitled to your check.

3. If you are salaried and show up to work but there’s nothing to do, you’re still entitled to your pay

“If you’re an employee who receives a salary from your employer, that amount can only be deducted in certain limited situations,” Levey explained. “For example, if you show up to work … ready, willing, and able to perform your duties, but the company doesn’t have anything for you to do, you’re still required to be paid.”

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In some situations, like benefits programs or unpaid time off, your employer can modify your compensation at the end of the week or month. However, it’s not appropriate for them to deduct money from your salary for a unique situation that wasn’t pre-determined in your contract.

You’re entitled to the compensation you agreed to in your contract. Don't let the fear of being fired allow your employer access to your wallet. If something doesn't feel right, read through your employment contract, become familiar with the employee handbook, talk to HR for clarification, and if you are still unsure, reach out to an attorney. 

At the end of the day, your job is your livelihood and nobody has earned the right to take advantage of that.

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Zayda Slabbekoorn is a News & Entertainment Writer at YourTango who focuses on health & wellness, social policy, and human interest stories.