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View Full Version : Salaried but not sure of overtime, Texas


unico
06-02-2005, 07:38 PM
I'm told by the owner that I am considered salaried, but it's worded as "Base plus commision". I set a goal of what income I would like, and am paid that amount, but if I don't make the goal, monies are removed the following month to lower the amount I missed the goal by, works out to 38% of what I bill out. I am guanteed not to fall below minimum wage. I also receive $500 additional per month as service manager. The company gives 8 hrs sick leave per month if not late, on this note, I work an average of 50 to 65 hrs a week, but if i miss 20 minutes during the day, this comes out of my sick leave. I have never seen comp time or overtime in the 7 years I have been with the company. Should I be seeing overtime or comp time and what right do I have?

elklaw
06-02-2005, 08:44 PM
If you are salaried, you are considered an exempt employee for purposes of overtime, so would not get additional pay based on your hours worked. Sorry.

cbg
06-03-2005, 10:25 AM
Not everyone who is paid on a salaried basis is legitimately exempt. The two terms are not synonymous.

Can you tell us more about your job duties? That, rather than how you are paid, determines whether or not you are legally entitled to overtime or not.

BTW, unless you are in California (and in some circumstances Washington state) regardless of whether you are exempt or non-exempt an employer may deduct missed time from your vacation/sick/personal time.

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