Are there any laws covering salaried employees for working over 40 hours a week and not being compensated for it. My salary is based on 40 hours a week and this is shown on my pay stub, but my employer makes the salaried managers work anywhere from 10-12 hours a day and not being compensated for it. Are there any laws to prevent this?

Unfortunately, no. Exempt persons are paid based on the responsibilities, rather than hourly work.

Let me know if you have any other questions.

I work for a school district in Texas and was told along with the other secretaries that we needed to punch in out on a time clock. Is this legal especiall if we are non-exempt employees?

Yes, it is legal, regardless of whether you are exempt or non-exempt. The only difference is that, with exempt employees, employers are not permitted to use the time collected to dock for time worked less than the assigned schedule.

Let me know if you have any other questions.

When I was promoted to salary in my small Ontario Canada sales job, I was made to beleive the term ment I would get my 52 weekly salary checks a year and my vaction pay above that.
Now at vaction time I'm told that the salary includes my holiday pay and there is no additional money owed to me.
I'm not sure what is right.
is that true and really I'm no further ahead to be on salary as now I'm working more hours and It seems I'm making less.
thanks in advance
Pete

There isn't anyone here who is really conversant in Canadian employment law. Try this one, or google for more.
http://labourrelations.org/Links/Labour_Links.html

thanks for your timely responce, i will try your link

I was recently terminated from a job. I have been paid as a salaried employee. It is my understanding that as such, if i work at least one day during a week that I should be paid for the entire week. Is this true or have I been misinformed?

"Salaried" is a pay method. What we need to know is whether you are exempt or nonexempt. What do you do? Does your employer allow you to work from home instead of coming in to the office?

Pattymd, I was the office manager for an OB/GYN practice. I have issues with being exempt, as I don't think that my duties qualifiy me for that exemption. But that is another thread. I have been told. I could not collect overtime. I worked 2 days into the next week then I was released. I think I am entilted to a full week's pay.

Your employment relationship ended effective the day you were released. Exempt or not, you are not entitled to any more compensation than for time that you worked.

If you worked the entire last day of your employment (assuming you worked a 5-day work scheduled), as an exempt employee, you are legally entitled to 2/5 of your weekly salary. If you worked a partial final day, your salary may be prorated based on your equivalent hourly rate for only the hours worked. See paragraph (b)(6) here:
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm

Who told you you "could not collect overtime"?

thanks pattymd. I guess I am stuck with what they gave me.

I don't think anyone actually told me that I couldn't collect overtime. I just assumed that was the case since the manager that proceeded me did not, but then I don't think she even worked a 40 hour week. Management has taken unfair advantage of me, by forcing me to do two jobs in the absence of another employee, and by increasing my work load by adding another doctor to the practice in the middle of this. Most days I worked from 8:00Am to 9:30PM with no break and nothing to eat. I also worked weekends and at home. I did this for 10 weeks before they filled the position. In total I worked extremely long days for 6 months, while I either trained someone or filled in for someone, or did extra duty. They even had me come in on the weekend to organize the storage closets. I was not able to take a planned vacation. And lost 4.5 weeks vacation pay over the 2.75 years I worked there. As soon as everything was in order I was terminated, and now they are fighting unemplyment wages.

beachaldy, what state are you in? I'm asking 1) to determine where you would go to file a claim for unpaid wages (let the appropriate regulatory agency make the determination as to whether you were properly classified as exempt); and 2) whether or not you were entitled to your accrued vacation at termination.

You've received notice that the employer has protested your UI claim? For what reason? Is there a hearing/conference scheduled yet?

I am in South Carolina.

I filed for Unemployment and they countered saying that it was with cause. I did make some mistakes and there probably was cause, but a lot of what they countered was one sided, didn't take into effect the strain I was under and some of it was just out right lies. If i look back I can see that they had planned this for sometime and they documented everything that made me look bad. After reading what they wrote and they way they made it sound I don't feel like I have a leg to stand on. Generaly I was dismissed for mistakes some actual some imagined. nothing dishonest, except they claimed I deleted every document that I every produced while I worked there. this is absolutely not true. No hearing has been set yet.

also I was asked to sign a letter of resignation in exchange for a week's pay and a letter of reference. I chose not to take the deal.... probably a bad idea in retrospect.

Good luck on the appeal.

Your employment relationship ended effective the day you were released. Exempt or not, you are not entitled to any more compensation than for time that you worked.

If you worked the entire last day of your employment (assuming you worked a 5-day work scheduled), as an exempt employee, you are legally entitled to 2/5 of your weekly salary. If you worked a partial final day, your salary may be prorated based on your equivalent hourly rate for only the hours worked. See paragraph (b)(6) here:
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm

Who told you you "could not collect overtime"?


Hmm If I may:

I am ignorant!

what does exempt or non-exempt mean?
I actually declined to switch to another department for same employee for similar reason:

I was told I have to go on site supervise some R&D projects which could last 6-8 weeks, 24/7!!!!!

then my friends from same department warned me:
listen u r going to be a manager. These r contracts with government and we cannot ask for over time for your position.
while u r at site doing ur best to finish the testing on time and having off weekends, the technicians under you, are entitled to get overtime, so they drag the job to over time and weekend!
So u end up working day and night 14-16 hrs 7 days a week why be paid your regular salary!!!

( this was the contract with government terms and condition, i suppose).

On my regular position, i have spent some time until 2 am came back on 4 am to make the job done!
Did i get overtime? NOPE not even a Thank you.
I believe the higher you are educated the less you are paid the higher the risk of losing your job.


Now my question is:

If i wanna start a new job in new year why i wont be paid for saturday/sunday????? i thought if u r salary, u have to work 5 days a week and get paid 7 days a week +vacation!

i was told my benefits every thing stops the midnight the day i resign, which could not be a vacation day or holiday/weekend, meaning i should resign jan 2???? :) to be entitled to benefits i worked for last week of december!!!!

Now my question is:

If i wanna start a new job in new year why i wont be paid for saturday/sunday????? i thought if u r salary, u have to work 5 days a week and get paid 7 days a week +vacation!

i was told my benefits every thing stops the midnight the day i resign, which could not be a vacation day or holiday/weekend, meaning i should resign jan 2???? :) to be entitled to benefits i worked for last week of december!!!!


If you are a non-exempt employee (you get overtime), the company only needs to pay you for the hours worked.

If you are an exempt employee, you get paid for the week on a salary basis, but there are exceptions.

If your company work week is Monday through Sunday and you resign on Monday, they need only pay you that one day.

They may also have to pay you accrued vacation, depending upon the state and company policy. Other benefits, like medical coverage, will depend upon the size of the company. They won't be on the hook for your health insurance premiums., but you will, for the full cost, plus 2% if the company wants to do that.