PDA

View Full Version : On Call and not bein compensated. Michigan


bmc3342
11-05-2006, 09:06 PM
Recently my company put in a new rule that people under the age of 18 are not allowed to follow the manager to the bank at night to witness the nightly deposit drop, so because i am also a manager, i have to get up and drive to the store, verify the deposit in the store and then follow to the bank to witness the drop. This takes an hour out of my day, from the time i leave my house until the time i get back home and happens at least 2-3 times a week. I am not being paid for this. Is this legal??? Dont they have to pay me for my time or my mileage?? This new policy has already ruined my last 2 weekends and many more to come.

ScottB
11-06-2006, 01:44 AM
If you are classified as an exempt employee, you do not get more pay for more work, no matter how inconvenient the extra hours are.

If you meet the requirements of the Executive Exemption (below), you can be exempt from overtime and get your salary no matter how many hours a week you work (with some limited exceptions for personal absences).

http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17b_executive.htm

The employee must be compensated on a salary basis (as defined in the regulations) at a rate not less than $455 per week;
The employee’s primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise;
The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and
The employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.

The employer is not required to pay you mileage.

cbg
11-06-2006, 06:38 AM
There are other exemptions also, not just the Executive.

ScottB
11-06-2006, 07:07 AM
There are other exemptions also, not just the Executive.

Yep, but I am simply guessing that maybe the OP, as a manager, is exempt under the Executive one. Without more information, though, my guess could be way off base.

bmc3342
11-06-2006, 07:27 AM
Ok, well im not a salaried employee. I get paid by the hour and I am also just an assistant manager, we do have a general manager who is in charge of the store and all of the responsibilities listed above. I dont have the authority to do any of those things listed above. Does that help clear this up??

cbg
11-06-2006, 07:48 AM
In that case, you have to be paid for the time.

ScottB
11-06-2006, 07:51 AM
I get paid by the hour...Does that help clear this up??

Yep, makes a BIG difference. You need to be paid for your work time and that could mean that you go into overtime.

Now we could argue about the commute time to and from work and whether that should be paid, but certainly from the time you pick up the deposit until it goes into the bank's depository, you should be paid.

Does not change anything about the mileage, though. The company is not required to pay that.

bmc3342
11-06-2006, 07:51 AM
Thank you for your help.

Michigan labor Law Posters
Comply with Michigan regulations with one Complete Michigan Labor Law Poster.
Trusted with customer satisfication.
Call (800) 745-9970 or shop online at www.LaborLawCenter.com.