I worked for a small business LLC., (A fitness facility) in Carmel, IN for about 10 (ten) months. During this time I worked an average of 65 hours per week for a small salary that I agreed upon. As time progressed I found myself responsible for more and more hours. This was saving the company money and if I didn't take the additional hours I was looked down upon.

On February 7, 2006 I had enough and had a conversation witht the owner. He insisted that I was going to work specific hours and I argued that I wouldn't continue such any longer. Cutting to the chase... I was terminated that day. He insists that I actually quit since I told him that I quit after he yelled in front at the front desk "Josh, you are fired!".

Immediately I left and filed unemployment. He argued against it. I didn't actually draw anything because I started a new job the following Monday. I requested him to send me my paycheck via US Mail and he did. However, he didn't pay me for three shifts that were to be paid for. (We cut back on evening closing staffing to save the business money and he and I agreed that I could do the work myself for an additional $20 per the evening- three nights per the week). In addition, my last day of employment was February 7, 2006 (Tuesday) and I had actually worked the day before (Monday). I did receive a check for the pay period prior to the week beginning the 6th, but it did not include the additional monies for the closing shifts. In addition, I did not receive a paycheck for the works peformd on February 6th (Monday) or for any time on February 7th (Tuesday).

Does the 30 day unpaid wages rule apply to this case? Am I elgible for it? Also, what can I do. I requested via email on two separate occasions payment for these shifts and haven't received anything. Further later the week the I was fired I was still receiving emails from members of the gym requesting assistance with terminating their memberships. I gladly assisted and forwarded correspondence to the owner indicative of things that needed to be done in the facility (such as ordering shower soaps b/c they were about out) in order to help him make a better transition into the new situation. Point being, I didn't give him any direct reason not to pay me. I worked those shifts. What can I do?
Joshua Russ, Indianapolis, IN

Were you an exempt or a nonexempt employee? Salaried is merely a pay method.

I am not sure to be honest... I know that I had to work several hours as part of my responsibility. I was a GM and so it was my responsibility to make sure that the gym was being operated in a fair and efficient manner. I have no complaint about my hours, just about not being paid. I don't understand the difference between being exempt and not being exempt. I was never entitled to overtime pay and I had to make requests for time away from the facility if that makes sense. I realize that it may seem a bit unprofessional to not know the difference, but I never thought that I would find myself in a position where I would have to address an issue about not being paid for works performed. Also, I was told on several occasions that I was going to be written into partial ownership. Lastly, as part of my salary I was supposed to be paid 10% bonus based on profitability. However, he never showed me proof of profitability such as tax paperwork or antthing.

It's very likely that in your position, your duties would, in fact, qualify you as an exempt employee, in which case you are not legally entitled to any additional pay over and above your regular salary, no matter how many hours you work.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm

I completely understand. Thank you for taking the time to address my issue. Now, as far as the unpaid wages for the works performed... do I simply file a claim with the Board of Labor? They suggest attempting to collect funds through them (serving as mediator). Their protocol consists of three attempts and then they suggest filing a small claims court complaint.

Yes, I would file with the DOL at this time.