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View Full Version : please help with this!! Texas


caraudioinstallmanagertx
07-02-2006, 04:24 PM
ok i have a few questions. i have been working for a place since sept. 2005 and just recently april 2006 they went from no taxes aka cash under table to standardized pay ...withholdings. We were offered salary and are required to work how ever many days that pay we were offered states. first problem i beleive that i am entilted to overtime pay i work approx 52 hrs a week including the 40 reg hours in that. so im not sure if im exempt or nonexempt ..they say they dont have to pay overtime. and second problem is that when we miss days they calculate our checks according to what our hourly wage would be if we were paid hourly then deduct that, and we are not offered sick time or anything. can someone please tell me what the story is here. what makes it worse the owner is from overseas and think that the laws dont apply to him. and lastly we just recently lost a installer because he moved away because of all the pay problems so since im the manager can my employer force me to work on the 7th day of the week and tell me i cant be paid...its part of my job duties

AndrewAK
07-02-2006, 10:26 PM
I understand your post to indicate that your job is that of a supervisor. Normally, the Federal rules classify supervisory positions as exempt from OT pay. But it's not that simple. An employer cannot simply claim that all of their employees are paid a salary, thus they don't have to pay OT wages. There are specific criteria that must be met before an employee can be considered exempt from OT pay (CFR 29 Part 541).

The way you described your employer moving to a cash-based system makes me suspicious of their motives. Though cash is legal tender, cash-based businesses often open a smelly can of worms. I'd look for a more legit employer.

Pattymd
07-03-2006, 04:05 AM
Andrew, I think you misunderstood some of the OPs details. The way I read it, the employer was paying under the table previously and NOW is paying properly by withholding taxes like he should have been doing all along.

OP, whether or not you are properly classified as exempt depends on your duties. See here for the criteria for the different classifications of exempt status:
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm

AndrewAK
07-03-2006, 08:44 AM
Ok, I see that the employer moved from cash-based to non-cash-based. But the employer can't just classify employees by simply claiming they are paid a salary. All employers are required to follow the exemption criteria in CFR 29 Part 541 before making an employee exempt from OT pay.

Pattymd
07-03-2006, 08:49 AM
Of course. :)

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