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View Full Version : Shorted and pushed out Arizona Arkansas California


wompum13
04-27-2007, 06:46 PM
After some research I need to confirm something. First my final paycheck reflected 86 hours and at a rate of 5.85 when I was paid 13.85. Can they do that? I was at this company for almost 4 years. worked my way up to accounting manager. Just got a promotion when I had some very bad things happen in my personal life. I had to move and had two PTO days left. I called in three days in a row. and then received call from fellow employee that they pretty much took it as I quit. Of course I didn't I just on top of the stress from my personal issue was extremely sick. I was devestated and pretty much folded. Now I was working at least 60 or mre hours a week and eventhough I was salary someone told me if I grossed less thatn 25,000 a year that I was entilted to overtime pay. Can someone advise me with all of my issues. I know I have many.

Pattymd
04-29-2007, 02:19 PM
In many states, you must be informed of a decrease in your pay rate before the hours are worked at the lower rate. I am not sure whether Arizona is one of them, however. You can include this claim in your wage complaint as I referenced in your other post.

Were you paid on a salaried basis? Since August, 2004, the federal minimum salary for most exempt employees is $23,600, not $25K as you mention. That may have increased in Arizona when the minimum wage increased this year, but you couldn't go back any further than that, if that's the case.

wompum13
04-29-2007, 03:30 PM
THank you for answering I only grossed 21,285.00 last year and every year before that less and had worked tons of overtime with no overtime pay. On acouple of occasions they gave me an extra day off (PTO) whatever. They also know because I was the accounting manager they know that there are a few of their accounting practices that are less than legal and I do know. So I believe that the problems I started having came about the same time I started questioning them.:eek:

Pattymd
04-30-2007, 02:56 AM
Very possible. Add that to your claim. Also, check the claim form instructions to see how far you can go back. Plus, if the amount is greater than $2,500, they won't take the claim and you'll have to file a civil claim.

Just for clarification, how big WAS this company? Did they gross over $500K annually OR engage in interstate commerce OR was a hospital/government/college or university? Just trying to head you off at the pass if, for some arcane reason, they weren't subject to the FLSA.

wompum13
04-30-2007, 06:37 AM
It was a fairly small property management company. They definately made a great profit but creative accounting was always a factor. Does that matter how big or small?

Pattymd
04-30-2007, 08:54 AM
It's not the profit, it's the gross revenue.
http://www.dol.gov/elaws/esa/flsa/scope/screen9.asp

wompum13
04-30-2007, 02:50 PM
Yes I believe that they easily made over 500,000.00 why? And thats just gross before overhead costs, payroll Etc.

Pattymd
05-01-2007, 04:12 AM
That makes them subject to the Fair Labor Standards Act, which relevant provisions I explained in my earlier responses.

wompum13
05-01-2007, 10:04 AM
Ok so what should my next step be? I really am so greatful for your help. I was just going to take the loss and move on, but I feel alittle better now knowing that there might be something I can do to get alittle something for all my hard work.:)

Pattymd
05-01-2007, 12:00 PM
As I explained in the other thread you posted:
http://www.laborlawtalk.com/showthread.php?t=175953

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