I have been a non-exempt employee in the hospitality field. Interim management 7 times in 3 years. Salary based on hourly wage. Mgmt/Owner took me off hourly time card to avoid excessive cost. Recent weather conditions restricted my arrival to work ( 1 "snow" day and three 1/2 days due to ice. Threatening my 40 hour work week pay to be reduced.

I have documentation of many ocassions working 43 days straight, 26 days straight, etc. 1 sick day in 3 years ...2 wks pd vacation in 3 years...

Question: can this manager/employer submit payroll less that 40 hours?

Question: am I due overtime for prior months work?

Does anyone ever due the right thing any more?

Unless you are being paid under the Fluctuating Workweek method (which is unlikely), since you are a nonexempt employee, you need only be paid for what you actually worked. There is no law for general employment in your state limiting the hours/consecutive days in a row the employer can require you to work.

You haven't received overtime? "Salaried" is merely a pay method; putting you "on salary" does not necessarily mean you aren't entitled to overtime pay.

What exactly are your job duties?

Morning,

I am a Non-exempt salaried employee in asst mgr position. 6 times interim mgr as owners fire managers (within 2.5 yrs). Thank you for info that mgmt owes for back OT. I have good documentation.

New manager of 10 days now terminated me. Snow/Ice at residence making it unpassable for 1 day and arrived 2 hrs late other 5 days. Mgr says I lied about the un-passability. I have written statements from other homeowners and pictures to support the conditions were unsafe for cars.

Never the less, I am un-employed. What recourse do I have?

Anyone honest anymore?

As an at-will employee, you can be fired for any reason that is not specifically prohibited by law. There's no law that says employers have to excuses absences/lateness due to weather, no matter how bad the weather is. Your recourse is to file for unemployment and start looking for another job.

Thank you for your help and guidance.

If I am entitled to overtime pay and I will file a wage claim to the DOL, can you tell me where I can find the statute code to recite in letter the commission?

thank you S.Sabin

Why do you need it? The commission knows where the law is.

Agreed with Patty. However I do not mind answering the question, even though the answer is meaningless.

Overtime is a function of a federal law called FLSA. The overtime regulations are 29 CFR 778.xxx. The exceptions to the overtime rules are the Exempt regulations in 29 CFR 541.xxx.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Chapter_V.htm

AZ is one of 46 states that follows federal overtime law as. (Four states have daily overtime rules in addition to the federal weekly overtime rules).

http://www.dol.gov/esa/whd/regs/compliance/whdfs23.pdf

However I do not mind answering the question, even though the answer is meaningless.



You're too kind. ;)

Thank you both for responding and quoting the statute. I am not assuming the Commission doesn't know location, but I assuming my owner does not. By quoting exact section he will realize I'm serious and have done my homework.

Your time, both of you, has been appreciated.