Caine
10-18-2005, 09:01 PM
OK here's my situation.
I work at a law firm that does credit card collections in Texas.
I was told that I was going to be paid a "base" salary of 2,000$/mo. Any amount of money I collect over a certain initial minimum I receive a percentage commission on.
However, I don't believe the pay is true salary as it is not a fixed amount regardless of absenteeism, etc. We are paid on the 1st and 16th every month. Any hours missed, even part of a day where you leave early due to feeling poorly,etc, or come in late, leave early, or take over an hour for lunch are docked from that period's pay at a rate determined by dividing the total hours worked not including overtime into the 1000$ weekly pay. At least this is my impression. People have been hesitant to explain the details to me. They may just do the # of workdays in the year x 8 hours divided into 24,000$ to get an average hourly wage and dock that.
Regardless this would seem to qualify as hourly, not salary. Also the workweeks are defined at the time of hire as being over 40 hours per week. In case that is signifigant.
I was told that as we are salaried commission employees we are paid chinese overtime and those extra few hours each week which we are regulary scheduled for, and that that extra time does not count as overtime since we knew the schedule and accepted it as a term of our employment and salary which we would be paid, (we have a work schedule which does not vary week to week with set hours that total about 48/week including 4 which are scheduled on a saturday), we only get 1/2 pay for those 7-8 hours which are in excess of 40 hours.
Is that correct and allowable? It seems like then employers can have their cake and eat it too; the benefits of an hourly employee (docking pay) with the advantages of a salaried employee (chinese overtime). Am I nitpicking or is there something here?
Thank you in advance and if I left any pertinent information out please let me know.
I work at a law firm that does credit card collections in Texas.
I was told that I was going to be paid a "base" salary of 2,000$/mo. Any amount of money I collect over a certain initial minimum I receive a percentage commission on.
However, I don't believe the pay is true salary as it is not a fixed amount regardless of absenteeism, etc. We are paid on the 1st and 16th every month. Any hours missed, even part of a day where you leave early due to feeling poorly,etc, or come in late, leave early, or take over an hour for lunch are docked from that period's pay at a rate determined by dividing the total hours worked not including overtime into the 1000$ weekly pay. At least this is my impression. People have been hesitant to explain the details to me. They may just do the # of workdays in the year x 8 hours divided into 24,000$ to get an average hourly wage and dock that.
Regardless this would seem to qualify as hourly, not salary. Also the workweeks are defined at the time of hire as being over 40 hours per week. In case that is signifigant.
I was told that as we are salaried commission employees we are paid chinese overtime and those extra few hours each week which we are regulary scheduled for, and that that extra time does not count as overtime since we knew the schedule and accepted it as a term of our employment and salary which we would be paid, (we have a work schedule which does not vary week to week with set hours that total about 48/week including 4 which are scheduled on a saturday), we only get 1/2 pay for those 7-8 hours which are in excess of 40 hours.
Is that correct and allowable? It seems like then employers can have their cake and eat it too; the benefits of an hourly employee (docking pay) with the advantages of a salaried employee (chinese overtime). Am I nitpicking or is there something here?
Thank you in advance and if I left any pertinent information out please let me know.
