:eek:

I just worked for a glorious two-week stretch as an Assistant Manager until today.

Question: They have a flimsy policy of paying their hourly employees $9.00/hr. at this location, then "1/2 time" for those hours over 40/week, instead of "time and 1/2". This equates to being paid $4.50/hr for those hours over forty. Am I crazy, or is this not in clear violation of Federal Minimum Wage Law? This is NOT a salary position, timesheets, calculated and paid hourly, etc.

Please HELP !

First of all, I suggest you edit your post to remove the name of your employer, for your own protection.

Secondly, considering you were not paid on a salaried basis, I can't think of any situation in which this would be legal. Did you ask them about this, and did they give you any legal justification for this pay structure? And, just for curiosity's sake, what type of workers are getting paid this way, if you know?

You can always file a claim for unpaid overtime wages with the Texas Workforce Commission and let them investigate and work it out.

It's my understanding that their locations all have three employees, a salaried Manager. an hourly Assistant Manager, and an hourly Customer Service position. The latter two are subject to this pay structure. Life is really too short to worry. As long as they pay me accordingly on my final paycheck, according to $9.00/hr for the straight time I had accrued, I do not plan on pursuing them.

However, if they try to short me on the check, then I will file a Wage Claim (I already obtained the paperwork AND have a good friend at the TWC to aid in its filing and investigation). It's just ridiculous that you have to fight everthing anymore, isn't it?

Oh, and when I asked how long it would take to get a final paycheck, I was told I had to wait until the next scheduled paydate. Here in Texas, the law affords them six (6) days from termination. I mentioned this, but to no avail. Once again, it's not like I'm asking for anything other than what they are required to legally do.....

Your choice. Sometimes, you have to decide which hill you will choose to die on. :) Or, you can just wait until you're gone, then file the claim.

You do not indicate whether you were voluntarily or involuntarily terminated (Terminated and fired are not synonymous.) Employees who are voluntarily terminated do not have to be paid until the next regular pay period.

Thanks, cbg, I missed that. :o