Googling your legal advice can be very expensive.

Here is the scenario:

You are the CEO or business owner and want to know if you can pay a manager a salary. This is a very common inquiry for businesses and an area that many employers (even large companies) get wrong.

You google “Can I Pay a Manager a Salary”

I tried this myself (for purposes of this post) and here are the responses on the first page of Google:

1. A manager's exemption status determines whether he receives a salary or hourly wage -- This is correct, but still doesn’t give a definitive answer to the question.

2. Common examples of salaried employees are Managers - This is false, because it is situation specific. 

3. Managers typically are paid a salary - False again.

4. Now that you are a manger, you can forget about overtime pay - Also false.

The only result that was correct was directly from the Department of Labor, which states employees must be paid hourly, unless they fall within an exemption. The DOL identifies the exemptions, as well as the “test” for determining if the exemptions are met. The “test” is subject to judicial interpretation. 

Unless you have read the caselaw and truly understand how courts interpret words like “customarily and regularly” and “primary duty” and “exercise of discretion and independent judgment” then you should retain an employment attorney to guide you.

Also, the answer to this question is highly fact specific- which makes it extremely likely your search will result in the wrong answer for your specific scenario.

I have had several clients who googled similar questions on their own. The google search ended up costing the employer $50k+ in Department of Labor penalties, attorneys fees and settlement payments.

If the expense is the reason for not hiring counsel, this response typically applies: You can pay the attorney now ($) or you can pay the attorney later ($$$$).

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Have we met? I’m a Florida employment lawyer, workplace investigator and employment law mediator. I help my clients navigate tricky workplace situations and comply with employment laws through legal advice and counseling, workshops/customized trainings for managers, HR and preparation of legal agreements.

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The Wannos Law Firm, PA provides employment counseling and legal advice to clients in Florida. Please contact the firm for additional information on how we can help with you or your client's employment needs. Schedule a consultation.

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