I am a salaried landscape worker. My job description has me listed as a supervisor, but the hours I work our all labor, no office work.
My job description reads:
Salary is for 90 to 100 hours bi-weekly from Feb. 15 thru Nov. 15 and 72 hours bi-weekly from Nov. 15th thru Feb. 15th. Hours in excess of 100
bi-weekly can be accumulated and used as time off, additional pay or to cover shortages in hours. Salary will be reduced when hours are less than 90 bi-weekly 2/15 thru 11/15 and less than 72 bi-weekly 11/15 thru 2/15. Accumulated hours will be paid at a certain rate when taken as pay. Each tardy or call off (sick day) will reduce pay by $50.00 per each occurrence.

My questions are:
1. Is this legal?
2. Doesn't my employer have to pay me time and a half for hours worked over the salaried requirement?
3. Shouldn't hours worked over the 90 hours not 100 hours (since that is what I am required to get) be paid at overtime of time and a half? Why should I be required to put in 10 hours for free?
4. If I am required to work 90-100 hours Feb 15th thru Nov. 15th and only required to work 72 hours Nov. 15th thru Feb. 15th shouldn't I be entitiled to accumulated hours in excess of 72 hours bi-weekly from 11/15 - 2/15 (not 100 hours)?
5. Can my employer legally deduct $50.00 from my pay per tardy or sick day?

So in all actuallity I have to work 90 hours in season to get my salary, but have to work 100 hours to get accumulated hours which is 10 hours for free!
I have to work 72 hours in the off season to get my salary but have to work 100 hours to get any accumulated hours, which is 28 hours for free! I am getting my accumulated hours at a hourly rate of pay which is only only .67 cents more than my salaried hourly rate of pay, not time and a half. If I am late, even by 1 minute, I get $50.00 deducted from my pay for each occurrence.
I appreciate any comments, questions or answers. Thank you.

Dood,

My old boss had the lamest salary structure... it was hourly with you signing over your right to get paid OT. If you took off for a 3 hour APPT he would deduct that from your check.

he was a bastard, all holidays and persona and vacation were pro-rated... i mean the guy was CHEAP.

1. Is this legal?

No. Blue collar workers cannot be exempt from overtime. http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17i_blue_collar.htm. There are exceptions for supervisors, but supervision would have to be your primary duty, which apparently it is not.

2. Doesn't my employer have to pay me time and a half for hours worked over the salaried requirement?

If you were legitimately classified as an exempt employee, you would never be eligible for overtime. It is possible to have a salaried, non-exempt employee who would earn overtime. So one who is paid $10 an hour, guaranteed $475 a week with the expectation of working 45 hours a week has the five hours OT factored in to the salary. If the person works 46 hours one week, than an additional $15 pay is owed.

3. Shouldn't hours worked over the 90 hours not 100 hours (since that is what I am required to get) be paid at overtime of time and a half? Why should I be required to put in 10 hours for free?

Overtime is figured on a weekly basis, not bi-weekly. Overtime kicks in after 40 hours in a workweek, not 45 or 50.

5. Can my employer legally deduct $50.00 from my pay per tardy or sick day?


No.