Salaried, Non-Exempt

• Salaried, non-exempt employees have the same rights as hourly, non-exempt employees pertaining to overtime pay. Provided the salaried employee is classified as non-exempt under the FLSA and the North Carolina WHA, the employee has the right to receive overtime pay at the rate of 1 1/2 times her equivalent hourly rate when she works more than 40 hours in a workweek. For example, a salaried employee who earns $50,000 a year earns the equivalent of $24 per hour. Her overtime pay cannot be less than $36, which is 1 1/2 times her hourly rate.
  
  

Bonuses and Incentives

• Salaried employees who are eligible for bonuses or incentives have the right to know how the employer calculates bonus or incentive amounts, or what the basis is for these forms of supplemental payments. For instance, if an employer uses performance appraisals to determine the size of employee bonuses, that must be clearly stated as part of the performance management program and compensation structure.
  
  

Complaints

• In the event a salaried employee believes his employer is not paying wages correctly, the employee has the right to file a complaint with the U.S. Department of Labor or the North Carolina Department of Labor. Additionally, the employee has the right to keep his identity confidential throughout an investigation of the matter. When an employee is fired for filing a claim with either agency, he has the right to file a retaliation claim against his former employer.
  
  

Payments

• Employees paid on a salary basis have the right to know what constitutes their wages and the employer's promise to pay a certain amount through written employment policies, such as a handbook or an offer letter. In addition, salaried employees also have the right to a pay stub that accurately reflects employee-authorized deductions.
  
  

Equity

• Under the North Carolina Equal Employment Practices Act, salaried employees have the right to fair compensation based solely on their jobs skills and qualifications. Pay equity is a matter of law and, therefore, salaried employees cannot be compensated differently based on non-job-related factors such as age, disability, race, sex, gender or any other physical characteristics. These rights are also protected under the federal Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964 and the Lilly Ledbetter Act of 2009.