I’m trying to clearly understand the laws when it comes to salary employment

What qualifies someone to be A salary
employee? What are the laws on how they are
paid as it applies to sick leave or overtime

Asked on January 17, 2018 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

There is no "requirement" to be a salaried employee: anyone can be salaried, just like anyone can be hourly. It depends on how the employer wants to pay them: with a yearly salary divided into equal weekly installments, or by the hour?
There is no legal obligation to provide sick leave to salaried employees or, for that matter, to hourly employees, in your state. It is purely voluntary for employers in FL to provide sick leave and if they do, they can put any rules, restrictions, limitations, etc. they want on  it, or offer it to some employees but not others.
As to overtime: all hourly employees get overtime when they work more than 40 hours in a week. Salaried employees *may* get overtime--additional pay when working more than 40 hours/week--if they are not exempt. An employee would be exempt--not get overtime--if all of the following are true:
1) He or she is paid a salary, not hourly;
2) The salary is at least $23,660/year;
3) The employee's job description/duties meet at least one of the "exemptions" listed on the U.S. Dept. of Labor website, such as the "executive" exemption (which should be called the "managerial" exemption, since it applies to non-executive managers), the "adminstrative" employee exemption, the "professional" exemption, etc. Go to the website and compare the exemptions to your job to see if you are overtime exempt, assuming you also meet 1) and 2) above.

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