This is a deal where you work for a hotel. Take it for granite a GM can hire , fire, and make "some " choices in the matter as to what goes on. The guy who owns the place is always there every two weeks. He isn't the real owner but a small time partner in the fact which receives $2000 dolars a trip each time for over seeing the place.
My Question:
If I receive salary (which isn't no where what it should be by far of $400 a week) at what time of overtime hours do I have to reach in order to get overtime? I come in at 8 to 8:30 depending on the booked guest and problems around the hotel... I stay till sometimes 10 at night. Working the front desk, answering phones,,working with other staff members. I mean is there a deadline as to how far a owner who pays salary can go on a small cheap check?
He feels if I pay you salaary you will work my hours or get a nother job.
Also : he has it in his handbook,,,IF YOU QUIT WITHOUT NOTICE UNDER NO CIRCUMSTANCES YOUR LAST CHECK WILL BE CONFIGURED AT MIN.WAGE.
OK, so If I become suddenly ill,, or for some "good" reason can't give a two week notice I lose my pay because of his low blow move in the hand book.
We have no insurance... pays us holiday pay time and a half IF we work that day. However me and a few others like head staff members get paid straight time but get the day off. rest who are not on the time sheet suffer
Biggest bonus I ever got was $50
Take to remember this is the largest Hotel Chain in the World !
WOW I guess if you want free labor and people willing to do it you can grow in the buisness world easy.
Thanks,
SKYMAN
Pattymd
11-29-2007, 06:22 AM
"Salaried" and "hourly" are merely pay methods. The real question to be asked is if you are exempt or nonexempt and that is based on your job duties. However, a guaranteed salary of $455 per week is required, even if your job duties do meet the criteria for exempt status. Therefore, you are nonexempt and must be paid overtime.
Unfortunately, you are in a state which has very few (if any) of its own wage and hour laws. You would either need to file a claim with the federal Dept. of Labor or a civil suit in the Alabama courts. How long has this been going on?
One question, though. Was there any agreement as to how many hours per week this "salary" was intended to cover? It doesn't make any difference as far as whether overtime is required, but it may make a difference as to how the overtime pay is calculated.
BTW, the statement in the handbook is legal in your state.
Individual facilities that belong to a "chain" are often owned by franchisees, not the company itself, which would explain (maybe) why insurance isn't offered. I'll bet if you worked for a hotel owned by the corporation (not franchised), it would be available.
SKYMAN
11-29-2007, 03:01 PM
Whats it going to take before Alabama gets up to par with other states on hour and wage laws? How many people have to suffer and do without because we lack certain laws here? Alabama has no wrongful termenation laws. Just a law against discrimanation only.Our laws are so bad you can have a job today and they can just walk up for no reason and say clock out we don't need you nomore. This is big plants. Fired for no reason. Who wants to go down in history books for stepping up to the plate? Just because some don't have the education as others doesn't mean they don't work hard to make a living here. Thousands of hard working people and this state is a great state when looking at it as a whole. Hollywood makes fun of it but the people here is very friendly and warming to those who visit and move here. Employement is our trouble. Low wages and high tax dollars. They cut out smoking in public, they cut out alot of things but yet they remain to let employers run over the Alabamians who give it their all on the clock. Gas $3 a gallon and many drive an average 10 miles one way which myself drives 38 miles round trip to work. You think low wages can keep afamily alive and healthy? Unless you work for top companies you don't get anything for earnings. No retirement, no insurance benifits , no decent pay, or anything . Take my job for instance. Maintenance in a hotel. I have to have HVAC certs. plumbing, electrical,painting,floor care,exterior of building upkeep,landscaping, pool care, and not to mention the abilty and appearance to work with the public as guest needs any help. Do you think for one minute a guy who has to know so much knowledge to keep operation going 24-7 being the only man power in my department is only worth $10 an hour ? Come on give me a break. It took two years to get that because they said $9 a hour was top payout . I make a dollar more an hour than front desk manager. Sad isn't it? There is several employees who are Salary,, they work 60 to 70 hours a week. Our accountant works from 8 ;30 in the morning till midnight. Never gets overtime pay. I feel there should be a line set if a employer goes over a certain number of hours ,,you just got to pay them for the extra time. Its no different than others who rob the system with other illegal activites to run a buisness. Alabama Government needs to take a giant step and update with the rest of the world on bring the laws stronger because its just a matter of time before we see another great depression and its going to happen due to war in Iraq. Everything is getting higher and wages are not helping. Its got to stop. Alabama is going to save the world , but with early 1900 standards in new millennium isn't helping.WE NEED UPDATED LAWS to help govern our employement.
Pattymd
11-29-2007, 03:34 PM
OK, I didn't read anything but the first two lines of that last post, realizing is was nothing but a rant. If you want laws changed you lobby your legislators. Just like anyone else.
Did you see that you could file a civil suit or file with the federal DOL? Do you have any other questions?
DAW
11-29-2007, 04:10 PM
Whats it going to take before Alabama gets up to par with other states on hour and wage laws?
Just to be clear, there are a lot of states with little or nothing in the way of state specific labor laws. And 49 of 50 states supports Employment At Will in some fashion. While not all terminations are legal, illegal terminations are very much the exception and not the rule in any state.
http://en.wikipedia.org/wiki/At-will
I am not necessarily disagreeing that better laws would be nice, but arguably Alabama's labor law situation while unfavorable to the employee is very far from unique. Even in places like CA the large majority of terminations are perfectly legal. And bosses who act like something out of a bad movie are also not necessarily illegal and fairly common based on postings to this website.
Complete Labor
Law Poster for $24.95 from www.LaborLawCenter.com,
includes State, Federal, & OSHA posting requirements