What determines if a employer can pay a employee salary or hourly.
Are there jobs that a employer can not pay salary? :confused:

I work at as computer shop and I am paid salary, I work an average of 50 hrs a week, but get no over time, no time off in lew of time past 40 hours. Is this legal? I have no job title, other than I am a sales/service tech
Arkansas

"Salaried" and "hourly" are merely pay methods. The real issue is whether you are exempt (from the overtime and minimum wage provisions of the federal Fair Labor Standards Act) or you are nonexempt (subject to those provisions).

All employees are considered nonexempt unless their job duties qualify them as exempt under one of the four classifications described here.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm

Not knowing exactly what your duties are, I can't tell you for sure, but based on your job title (which has no legal meaning, however), it's not likely you would qualify as an exempt employee.

BTW, is your "salary" guaranteed and is it at least $455/wk (equivalent of $11.38/hr.)? If not, you couldn't qualify as exempt anyway.

If you have further questions after reading the information in the linked documents above, please feel free to post back.

I make $13.26 hour, but when I first started I made 7/hr and was salary. Never got paid over time.
I have worked here about 8 yrs.
We keep no real time sheets.
I am a computer repair tech, I fix computers, build them, network them.
I also am a saleman.
I work 45 + hours a week. I only workl over when there is a need, we have no policies, no employee hand book.
I am not really sure who to call, since theymake it as hard as possible to in Arkansas to get a straight answer.
There are others here who work 50 + hours and get no overtime pay.
If you need anymore info, please post and I will provide.
Thank you

Based on what you have posted, my educated guess would be that your job duties do not classify you as an exempt employee. Therefore, you would be entitled to overtime pay for all hours worked in excess of 40 in a work week. Also, as a nonexempt employee, the employer is required to keep records of the hours you work, so if they haven't been, that would also be a violation.

Contact the state Dept. of Labor to file a claim for unpaid overtime.

You have pretty much confirmed what my wife told me, she's HRD and keeps up with the laws.
And I will talk with the Dept of Labor, and most likely be fired, when and if I decide to take this up them. So that will be the hard decision to make.

Thanks again

Here is one for you. We have two company owner cars, a van and a truck.
If we have a wreck in them during the operation of business, who's insurance covers us?
Does mine? Or does the company?

If they're the company vehicles, the company should have insurance on them and whoever drives them.

I work in a hospice office, we are having issues about our bi-weekly pay, aides and LPN are paid hourly, office and nurses(RN's) are paid 80 bi-weekly salary, nurses (RN's) are not paid for after hour On call, nor is overtime over 80 hours paid, our company uses comp time for overtime hours, Example: I am not a Nurse, I am salaried for 80 hours, some pay periods I have worked over 100 hours in a two week period, and I make salary rate of $12.00 hour.
Our comp time doesnot roll over from year to year, so last year I gave my employer over 16 weeks of comp time. We also have a BSW who is salary but misses alot of work, again our policy states 80 hours based salary, so sometimes her pay is docked for her missed hours. Are these legal laws in Arkansas? :confused:

Unless you work in the public sector (i.e., government or a closely-related arm of the government, such as a public school district), comp time cannot be substituted for overtime, even if both the employer and the employee agree.