Maryland Salaried Employee Appraisal Guidelines - Employee Specific
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How to fill out Maryland Salaried Employee Appraisal Guidelines - Employee Specific?
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FAQ
The biggest factor is if the position is exempt or nonexempt. If they are defined as nonexempt under FLSA, they must be hourly, which takes care of the decision for you. However, you may still want to consider making an exempt employee hourly if there is not enough consistent work for them to be salaried.
Salaried employees have a fixed rate of pay, regardless of the number of hours they work, and do not get paid extra for overtime. Hourly employees are given a fixed hourly salary that must be at least the federal minimum wage, paid based on the number of hours worked, and eligible for overtime pay.
In fact, employees' right to discuss their salary is protected by law. While employers may restrict workers from discussing their salary in front of customers or during work, they cannot prohibit employees from talking about pay on their own time.
A salaried employee is paid based on an annual amount, called a salary. A salary is a regular predetermined amount of pay an employee receives each payday, not determined by the quality or quantity of the employee's work.
Under federal overtime law and Texas overtime law, salaried employees must receive overtime pay for hours worked over 40 in any workweek unless two specific requirements are met: (1) the salary exceeds $455 per workweek; and (2) the employee performs duties satisfying one of the narrowly-defined FLSA overtime
Maximum hours an exempt employee can be required to work The law does not provide a maximum number of hours that an exempt worker can be required to work during a week. This means that an employer could require an exempt employee to work well beyond 40 hours a week without overtime compensation.
These exemptions also apply in Texas. So if you're paid an annual salary and earning more than a certain amount set by law, you are considered "exempt" and not covered by the FLSA. This means exempt employees are not entitled to overtime pay for working more than 40 hours in a week.
Salaried employees cannot have their pay deducted by their employer if they work less than 40 hours per week or the employee may be seen as nonexempt and entitled to overtime compensation when working more than 40 hours a week.
Maryland is not one of them, however. Under IRS rules, any portion of a mandatory service charge that the employer pays out to employees must be treated as wages, not tips.
Hourly workers are paid an hourly rate for each hour they work and are entitled to overtime pay if they work over 40 hours per week. Salary employees are typically not given overtime pay, but company-provided benefits are often more substantial than those provided to hourly workers.