My employer has me on salary, but.....

[airplanemechanic]

I wanted to get some opinions on this. I'm by definition a non-exempt employee. That means I am NOT exempt from over time pay. This means any hours worked over 40 have to be paid overtime, even though I'm on salary since salary only covers 40 hours a week. Well, if I work over 40 I am not paid extra, but if I miss any time like for a doctors visit or funeral, I am docked those hours.

I found out this is illegal. Basically my employer is having their cake and eating it too. If I work less than 40 I don't get paid full salary but more than 40 I get nothing extra. That's not legal. I have 3 options:

1. Continue to work and not get paid appropriately.
2. Stop working at 40 hours pointing out that I'm not paid for extra hours so I won't work them.
3. File a complaint with the department of labor.

I have chosen option 3. Because I'm not the only one in this position. I see multiple people with my job title working more hours than myself and not getting paid extra for it. I asked about them firing me for it. And the law states clearly that retaliation is illegal and can result in hefty fines. I mean in my opinion, if I'm laid off because I'm asking to be paid what I am legally owed by labor laws, then I don't want to work for them anyway. I'd be eligible for not only unemployment pay but punitive damages as well in a lawsuit.

What do you guys think? I'm tired of millionaires screwing us poor working folk by not paying us what we are due. I can't be the only person who feels this way.

 

[RodISHI]

I wanted to get some opinions on this. I'm by definition a non-exempt employee. That means I am NOT exempt from over time pay. This means any hours worked over 40 have to be paid overtime, even though I'm on salary since salary only covers 40 hours a week. Well, if I work over 40 I am not paid extra, but if I miss any time like for a doctors visit or funeral, I am docked those hours.

I found out this is illegal. Basically my employer is having their cake and eating it too. If I work less than 40 I don't get paid full salary but more than 40 I get nothing extra. That's not legal. I have 3 options:

1. Continue to work and not get paid appropriately.
2. Stop working at 40 hours pointing out that I'm not paid for extra hours so I won't work them.
3. File a complaint with the department of labor.

I have chosen option 3. Because I'm not the only one in this position. I see multiple people with my job title working more hours than myself and not getting paid extra for it. I asked about them firing me for it. And the law states clearly that retaliation is illegal and can result in hefty fines. I mean in my opinion, if I'm laid off because I'm asking to be paid what I am legally owed by labor laws, then I don't want to work for them anyway. I'd be eligible for not only unemployment pay but punitive damages as well in a lawsuit.

What do you guys think? I'm tired of millionaires screwing us poor working folk by not paying us what we are due. I can't be the only person who feels this way.

It worked like this previously. If your total compensation package meets within minimum wage standards regardless of how many hours you work a week you do not have a case.

 

[Dekster]

Good luck with your claim. No worries though--they won't fire you for filing the complaint. They will wait until you lay out of work for a funeral or whatever and fire you for cause so they don't have to pay you any unemployment.

 

[RodISHI]

I wanted to get some opinions on this. I'm by definition a non-exempt employee. That means I am NOT exempt from over time pay. This means any hours worked over 40 have to be paid overtime, even though I'm on salary since salary only covers 40 hours a week. Well, if I work over 40 I am not paid extra, but if I miss any time like for a doctors visit or funeral, I am docked those hours.

I found out this is illegal. Basically my employer is having their cake and eating it too. If I work less than 40 I don't get paid full salary but more than 40 I get nothing extra. That's not legal. I have 3 options:

1. Continue to work and not get paid appropriately.
2. Stop working at 40 hours pointing out that I'm not paid for extra hours so I won't work them.
3. File a complaint with the department of labor.

I have chosen option 3. Because I'm not the only one in this position. I see multiple people with my job title working more hours than myself and not getting paid extra for it. I asked about them firing me for it. And the law states clearly that retaliation is illegal and can result in hefty fines. I mean in my opinion, if I'm laid off because I'm asking to be paid what I am legally owed by labor laws, then I don't want to work for them anyway. I'd be eligible for not only unemployment pay but punitive damages as well in a lawsuit.

What do you guys think? I'm tired of millionaires screwing us poor working folk by not paying us what we are due. I can't be the only person who feels this way.

If you are tired of working for someone else start your own business or find an employer that will pay you what you think you or know that you are worth.

 

[airplanemechanic]

It worked like this previously. If your total compensation package meets within minimum wage standards regardless of how many hours you work a week you do not have a case.

Nope, that's not what the law states. The law states that if you are non exempt you are entitled to overtime pay at your regular base rate times 1.5.


https://www.dol.gov/whd/regs/compliance/whdfs23.pdf


It does not mention anything about minimum wage standards and total compensation packages other than your pay can't be less than minimum wage. Well no shit sherlock.

I know I have a case because the guy with the DOL who files the cases on behalf of people like me went over the laws with me that they are violating. They only take cases that they feel are legit and they definitely feel mine is legit. I spoke with the labor and wage division manager at the DOL in New Orleans. I'd say he probably knows the laws pretty well, dontchathink?

 

[Care4all]

Ask a lot of questions to be certain of your rights with the Department of Labor or whomever before you consider filing a complaint...

Also, have your complaint all ready to sign and go forward, then speak to your human resource department and inquire about your situation and even tell them what you know about the law and have learned about it, and that you believe you should be getting paid for overtime hours if they are going to deduct hours missed for Doctors appointments etc.

I've never had a situation where I was on Salary, and time missed from work was not paid for....?

But granted, I worked more in overtime than I ever took off from the regular work week for errands or whatever...

Going back to you...maybe your company has some sort of policy that makes it legal for what they are doing and maybe you should give them the benefit of the doubt before you actually file a complaint.

As example, it could be as a benefit they give you so many hours for sick time and doctor's visits, and they are deducting this from those hours? Unlikely, but I don't know....

MAYBE you should get HR to give you the company policies on it....so you can read it and see what their policy is on this...

MOST Companies would have their policies on this in writing and even have you sign that you read the policy.... and yes, more than likely you did not read it and just signed when hired, which is what I usually did....never read the stuff....

 

[Care4all]

Is your employer demanding the overtime hours, or are you just staying late to finish a project?

 

[Care4all]

Also, how do you know you are non-exempt? Do you not have any employees that report to you?

 

[saveliberty]

It worked like this previously. If your total compensation package meets within minimum wage standards regardless of how many hours you work a week you do not have a case.

Nope, that's not what the law states. The law states that if you are non exempt you are entitled to overtime pay at your regular base rate times 1.5.


https://www.dol.gov/whd/regs/compliance/whdfs23.pdf


It does not mention anything about minimum wage standards and total compensation packages other than your pay can't be less than minimum wage. Well no shit sherlock.

I know I have a case because the guy with the DOL who files the cases on behalf of people like me went over the laws with me that they are violating. They only take cases that they feel are legit and they definitely feel mine is legit. I spoke with the labor and wage division manager at the DOL in New Orleans. I'd say he probably knows the laws pretty well, dontchathink?

Usually you end up working somewhere else before it is all over. Your current employer may not answer questions from a prospective new employer, but if they did mention a pay dispute it would not be incorrect.

 

[airplanemechanic]

Is your employer demanding the overtime hours, or are you just staying late to finish a project?

I am required to stay until the "job is finished." That is defined as the next days routes are completed and emailed to the warehouse. The problem is, my job can't even really get started until I get paperwork from other companies so I can do my routes for the next day. Since I am required to leave only once the routes for the next day are done and those routes can only be completed once the paperwork is received, yes, I am required to. In fact, a quote from my boss's mouth, "That's why we have you on salary, because sometimes you do have to stay late." In other words, yes we know you'll be working more than 40 hours a week so we put you on salary so we don't have to pay you.

Also, how do you know you are non-exempt? Do you not have any employees that report to you?

I know I'm non exempt because this document under "typical problems" specifically states that dispatchers are non exempt because I am not engaged in a "safety related activity". I also know I'm non exempt because the manager at the labor and wage division of the DOL in New Orleans said I wasn't. And that's my title, dispatcher. I am not anyone's boss. I do not make any significant decisions for the company other than the day to day grind of dispatching trucks for pickups and deliveries.

https://www.dol.gov/whd/regs/compliance/whdfs19.pdf

 

[MarathonMike]

You are in a tricky area of compensation laws. Companies have flexibility in how they compensate for overtime. At my previous company they had a HONEY of a plan (guess which company) where they paid no overtime for the first 8 hours worked in excess of 40 hours and then paid overtime at a CAPPED rate that was LESS than my equivalent salary rate. I left that company and my new company had the same 8 hour rule BUT at their discretion they waive it when it's crunch time and pay all hours in excess of 40 BUT at my equivalent hourly rate not 1.5 times.

If you file the complaint, have a plan B because you will piss off the management it's anyone's guess as to what they will do or not do. Good luck to you.

 

[airplanemechanic]

Flexibility in how they compensate for overtime? The law is clear, 1.5 times your hourly rate over 40 hours in a 7 day workweek. Period. Cut and dry.

I will say that they do file the complaint anonymously. They basically walk in and say that we would like to review your wage and pay systems. They don't say "so and so filed a complaint" so they would have no proof who filed it. I feel that if I do go to HR and say that I know the laws and I am entitled to overtime that would point all fingers at me as to who filed. But if I just keep quiet it wouldn't. I'm not the only one who feels this way. We all do. (we meaning all the dispatchers for my company)

The problem with my job is it takes months to train someone for. I just finished training a couple of weeks ago and I started the 2nd or 3rd week of April. They could lay me off and someone else could do my job who is already there, but to train a replacement would cost thousands and thousands of dollars and months and months of training. I like my job, it's fun. The people I work with are great. But I want to be paid for what I do. It's that simple. If I can't walk out after 40 hours then pay me for the hours I work.

Is it really too much to simply want to be paid for the work I do? Is the job market so bad under Obama that you have to be happy you have a job period, whether or not you're paid for the work you do?

 

[Zander]

What State do you live in?

 

[Care4all]

Is your employer demanding the overtime hours, or are you just staying late to finish a project?

I am required to stay until the "job is finished." That is defined as the next days routes are completed and emailed to the warehouse. The problem is, my job can't even really get started until I get paperwork from other companies so I can do my routes for the next day. Since I am required to leave only once the routes for the next day are done and those routes can only be completed once the paperwork is received, yes, I am required to. In fact, a quote from my boss's mouth, "That's why we have you on salary, because sometimes you do have to stay late." In other words, yes we know you'll be working more than 40 hours a week so we put you on salary so we don't have to pay you.

Also, how do you know you are non-exempt? Do you not have any employees that report to you?

I know I'm non exempt because this document under "typical problems" specifically states that dispatchers are non exempt because I am not engaged in a "safety related activity". I also know I'm non exempt because the manager at the labor and wage division of the DOL in New Orleans said I wasn't. And that's my title, dispatcher. I am not anyone's boss. I do not make any significant decisions for the company other than the day to day grind of dispatching trucks for pickups and deliveries.

https://www.dol.gov/whd/regs/compliance/whdfs19.pdf

Ok then, the only thing you need to verify twice, is whether or not you are being paid for hours missed...does your paycheck show you were paid less or were the hours deducted... from benefit hours they give you for sick time or personal errands or vacation....?

Have you asked other employees in the same position as you about this pay dilemma?

Are you saying that the DOL is saying that no matter what, whether they deduct hours missed from your salary or not, you must be paid overtime for hours over 40 hours because you are non-exempt? If say, then your Boss indicating putting you on salary was to save on overtime, is wrong....and maybe your boss is unaware it is wrong?

Truly, give them the benefit of the doubt and approach them on this...do it in the most non-confrontational manner that you can...a just curious manner with your HR...they could agree with you and comply without all the government involvement and tax payer's money...

BUT if you can see you make no headway with H.R. on this, THEN seek your legal rights through our government....

That's my advice.... you could save your Boss all kinds of fines and aggravations if you convince them of the error of their ways...

 

[Care4all]

oh, ok, it's done anonymously... so inquiring with HR would make you the obvious one....

hmmm.....

 

[airplanemechanic]

I live in Louisiana. The "local" DOL is in New Orleans for me. And yes, inquiring with HR would make me stand out like a big fat sore thumb. And you're right, he put me on salary to avoid paying me overtime.

Basically, there are two ways of doing it. My boss can decide not to pay me for hours not worked under 40, but then he has to pay me for hours worked over 40. Or, he can not pay me any more than salary, but pay me for any time missed from work for funerals, sick leave, etc. Right now, any time worked under 40 I'm docked and over 40 I'm not paid overitme.

He's truly getting the best of both worlds.

 

[Care4all]

what'll probably happen is they will have you start an hour later so that you do not run in to overtime that they have to pay... companies will do most anything to save money...

 

[airplanemechanic]

And that's fine with me. They already have me coming in an hour later than before because the paperwork was coming in so late I was working 11 hour days. So I start at 9. If they would start me at 10 I probably wouldn't complain because I would never or rarely hit overtime starting that late. I mean that's fine with me. I'm willing to adjust my schedule so I don't get overtime hours if that's what they choose. I'm very flexible, but inflexible when it comes to working for free.

 

[WorldWatcher]

>

I think it will come down to a determination by DOL of whether your position qualifies under the Administrative Exemption.

The company will attempt to make the case your job falls under the Administrative Exemption due to management of business operations and independent judgement.



*********************************************

The most elusive and imprecise of the definitions of exempt job duties is for exempt "administrative" job duties.

The Regulatory definition provides that exempt administrative job duties are

(a) office or nonmanual work, which is
(b) directly related to management or general business operations of the employer or the employer's customers, and
(c) a primary component of which involves the exercise of independent judgment and discretion about
(d) matters of significance.


Fair Labor Standards Act (FLSA) Coverage (Exempt vs. Non-Exempt -- The Online Wages, Hours and Overtime Pay Resource

 

[MarathonMike]

I'm just telling you my experience with salaried OT at two different companies in the same city. You'll get no argument from me about deserving to be paid for every hour of your skill and labor.