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hopeful in sc
01-10-2006, 03:10 PM
In SC is it legal for every employee to be payed salary or do you have to be a supervisor? Also if your week is based on 35hrs should you get overtime or be compensated for anything over 35hrs?

Pattymd
01-11-2006, 05:49 AM
"Salaried" is merely a pay method. Each position must be examined to see if the job duties qualify for an exemption from the minimum wage and overtime provisions of the FLSA. What exactly do you do?

cbg
01-11-2006, 06:36 AM
Assuming you qualify for overtime at all, no, you do not have to be paid OT for any time over 35 hours even if that is your company's standard work week. Under the law, your employer is not required to pay overtime until you have worked (and that means WORKED; it does not include vacation, sick, personal, holiday, or other paid leave) more than 40 hours in a week.

millerguy
01-30-2007, 03:25 PM
Ok I am a merchandiser for a Company called Beverage South of Columbia I deliver beer but do not drive the truck i am what is called a merchandiser. I ride along with a guy and help hem to deliver the beer. Now 3 weeks ago i was moved to salary without notice which i was told is illegal, is that true? Also my gross income is less than 23000 a year and i was also told you have to make over that to become salary. Also is is even legal to have me working salary since i do not meet the requirements for salary or do i fall under a different section of salary Thank you

patriot1123
01-30-2007, 03:27 PM
An employer may pay an employee in any manner they choose, whether salary, hourly, etc. It is not illegal to pay an employee by salary.

cbg
01-30-2007, 10:07 PM
"Salaried" and "Exempt" are not synonymous.

ANY employee, regardless of their job and how much they are paid, can be paid on a salaried basis. If they do not qualify as exempt, they would still have to be paid overtime when and if they WORK more than 40 hours in a week. But that does not make paying them on a salaried basis when they work 40 hours a week or less, illegal.

Pattymd
01-31-2007, 04:56 AM
millerguy, it would have helped if you had started your own thread, as your circumstances are actually quite different from the original poster here.

In any case, there are a number of questions to be asked. You unload the truck, right? What else do you do? Set up the displays in the store? Write new orders? Try to sell additional merchandise? Are you local only or does the truck deliver interstate?

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