I am a solid surface countertop fabricator in South Carolina. I left my employer voluntarily a couple of months ago but have been rehired. This time my employer told me I am a salary employee and will be required to work Saturdays. I do not supervise anyone. The amount of paycheck I receive is always the same whether I work 30 or 60 hours during the work week. I am not required to turn in a timesheet and all that shows on my handwritten paystub for hours worked is the word salary. And the owner decided to close the shop the week of Christmas and I was not allowed to work and I wasn't paid. I am not sure what my legal rights are to know if I can tell him he is required to pay me overtime. And I am really blown away about the week without pay. I have a child and another one on the way and need to get a second job on the weekends but can't because of this situation. Can anyone help me know what to do? I am lost. Thanks for any advice.

Wow, I see that there are many stone fabrication shops out there screwing their employees!

Do you actually write down how many hours you work during one given week?


I am a solid surface countertop fabricator in South Carolina. I left my employer voluntarily a couple of months ago but have been rehired. This time my employer told me I am a salary employee and will be required to work Saturdays. I do not supervise anyone. The amount of paycheck I receive is always the same whether I work 30 or 60 hours during the work week. I am not required to turn in a timesheet and all that shows on my handwritten paystub for hours worked is the word salary. And the owner decided to close the shop the week of Christmas and I was not allowed to work and I wasn't paid. I am not sure what my legal rights are to know if I can tell him he is required to pay me overtime. And I am really blown away about the week without pay. I have a child and another one on the way and need to get a second job on the weekends but can't because of this situation. Can anyone help me know what to do? I am lost. Thanks for any advice.

Not consistently. My coworker tried to tell me to keep track but I thought why bother since I am salary does it even matter. Now I know why. I don't even think my boss keeps track. I can try and recreate if it will help.

I am not sure if "re-creating" will help or not but I bet if it comes down to it your employer will do so.

When were you rehired? You may not be entitled to that shut down pay...

When you were rehired, were you reinstated with no loss of seniority? Vacation pay? sick days etc??

Not consistently. My coworker tried to tell me to keep track but I thought why bother since I am salary does it even matter. Now I know why. I don't even think my boss keeps track. I can try and recreate if it will help.

I was rehired about 3 months ago. There are no sick days but I started over. He didn't pay me for that week and wrote on my check that I was entitled to 1 week vacation after 1 year so that was why I didn't get paid. Without having my hours written down does that mean I can't ask for my overtime pay because I have no proof of hours worked over 40?

I am not sure but will research it for you. I am not sure how salary employees are due overtime pay with the new overtime laws.

From this day forward, keep your hours on a separate piece of paper with the week beginning and ending...

Do you fill out job cards?

I was rehired about 3 months ago. There are no sick days but I started over. He didn't pay me for that week and wrote on my check that I was entitled to 1 week vacation after 1 year so that was why I didn't get paid. Without having my hours written down does that mean I can't ask for my overtime pay because I have no proof of hours worked over 40?

Any help is appreciated. Thanks.

From what I am reading and understanding you are not extempt and should be paid overtime.


Any help is appreciated. Thanks.

Whether you are an exempt employee depends on the actual duties performed.

Here is a link to employees who are exempt from overtime pay, get a guaranteed weekly salary & can have their salary docked only in very limited circumstances:

http://www.dol.gov/esa/regs/complian...a_overview.pdf

I doubt that you are and exempt employee.
If you are not exempt and are due ovetime hours the DOL will look into the case. It is the employers responsibility to keep track of hours for non-exempt employees. The DOL will determine the amount of over time due.

Thanks TM1 for the help, I don't think he is exempt, he is a stone fabricator under a private employer, non-management.

I was just reading the link you supplied also!!

Thanks again,


Whether you are an exempt employee depends on the actual duties performed.

Here is a link to employees who are exempt from overtime pay, get a guaranteed weekly salary & can have their salary docked only in very limited circumstances:

http://www.dol.gov/esa/regs/complian...a_overview.pdf

I doubt that you are and exempt employee.
If you are not exempt and are due ovetime hours the DOL will look into the case. It is the employers responsibility to keep track of hours for non-exempt employees. The DOL will determine the amount of over time due.

Here is an example, hope it also helps.

Salary for Workweek Exceeding 40 Hours: A fixed salary for a regular workweek longer than 40 hours does not discharge FLSA statutory obligations. For example, an employee may be hired to work a 45 hour workweek for a weekly salary of $405. In this instance the regular rate is obtained by dividing the $405 straight-time salary by 45 hours, resulting in a regular rate of $9.00. The employee is then due additional overtime computed by multiplying the 5 overtime hours by one-half the regular rate of pay ($4.50 x 5 = $22.50).

Overtime Pay May Not Be Waived: The overtime requirement may not be waived by agreement between the employer and employees. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance. An announcement by the employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, also will not impair the employee's right to compensation for compensable overtime hours that are worked.

TM1 mentioned that it is the employers responsibility to keep track of the hours. Do you have any comments about what type of detail the employer is responsible for providing? I am wondering how my employer will come up with any information regarding hours worked since I am not required to turn anything in. Thanks.

Looks like they won't, other than maybe billing reports or customer call sheets? Generally speaking, if the employer has not kept the required records, the state will go with what the employee claims, since the employer cannot prove otherwise.