Announcement

Collapse
No announcement yet.

Salary and Overtime Idaho

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Salary and Overtime Idaho

    Hey, I worked at a small establishment in my community for some time. I have some questions regarding salary and overtime pay.
    While employed, if I (or any other employee) were to work past 40 hours a week, or 80 hours a pay period, our employer would pay us for just 80 hours (two week pay peroid) and put the excess hours into and Excel sheet and record them, then add them to a future check that was less than 80 hours. That seems kind of fishy...
    Also, I realize there are non-exempt and exempt employees, but I am curious as to how to determine which you would be classified as. After pushing 80 hours per pay period several times, my checks started coming to me in a "salary" format, where I was paid a set amount every two weeks. My hours were then recorded. Let me show you an example...
    PP1-83 HRS
    PP2-85 HRS
    PP3-76 HRS
    PP4-80 HRS
    PP5-86 HRS
    (PP=Pay Period)
    That is working rougly 410 hours out of 400 paid for. Now, lets say your employment ends for whatever reason, this employer would just write you a check for the additional 10 hours...I would just like to have this clarified for me. Also, if any of the following were a violation of some kind, how would one go about reporting it to the appropriate authorities?

  • #2
    Your starting point is to determine your Exempt status. If you are legally Exempt, then your employer will never owe additional money for overtime. It is a bit premature asking about who you report the violation to when you have not actually established that a violation has occured.

    Exempt status is determined by the actual duties performed by the employee (not just the job title) and sometimes by the nature of the employer's business. If you could provide that information, we could probably get a feel for your Exempt status.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Cool. I worked at a fastfood establishment, and my duties including grilling food, and taking orders. That is pretty much the extent of it. I was a supervisor of some kind, I mostly told trainees what to do.

      Comment


      • #4
        You are possibly Exempt under the Executive exception. There are actually many different Exempt exceptions, but Executive is the only one that sounds possible. I am going to include a pointer to the DOL factsheet on that. You will need to read it and see if you qualify.

        http://www.dol.gov/esa/regs/complian..._executive.pdf
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          Alright, I agree with you...it does look like I might be exempt.
          If I am indeed exempt, then I should be paid for a full days work even if they send me home 3 hours early or something, right?

          And, when I end my employment there, I shouldn't be required to pay them back if they were required to pay me in the first place, right?

          Thanks Again.

          Comment


          • #6
            Correct on both counts.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              Agreed. Exempt Salaried is a door that swings both ways. On the one hand the company does not have to pay for overtime, but on the other hand there are restrictions on docking the salary. The following are the federal rules on Exempt Salaried handling, which are good in all 50 states.

              http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

              Comment


              • #8
                Alrighty...dont mean to sound like a broken record or anything, but I just wanna make sure I have this understood, I have researched it as best I can, but there are some things I am unsure about...
                I know that if FULL days are missed for personal, or illness, then the employer may deduct that much from salary based on an hourly rate. Now, my confusion is with the salary deductions...does the employer need to deduct it readily? Or can they wait MONTHS and then not deduct it, but wait until employment ends and try to get me to pay them back for the "hours unworked"?

                Again, sorry to sound like a broken record, I should have made it more clear in the beginning. I am just confused as to whether my old employer can try to get me to pay them for unworked hours, when I was on salary the entire time...

                Also, I realize that this is unrelated, but I really would like to know who I would contact when a company is in violation of Labor laws, not necessarily this, but other Labor Laws in general.

                Thanks Again!
                Last edited by Joerick; 04-14-2008, 05:49 PM.

                Comment


                • #9
                  Originally posted by Joerick View Post
                  Now, my confusion is with the salary deductions...does the employer need to deduct it readily? Or can they wait MONTHS and then not deduct it, but wait until employment ends and try to get me to pay them back for the "hours unworked"?
                  Hard to say. The employer can certainly make the argument. The employer can certainly take you to court. In fact they can take you court for personnally causing the Fall of Roman Empire if they want to. The employer can always take someone to court. Whether or not they would win would be problematic. There are no sure things whenever something goes to court. Of course, that is a door that swings both ways.

                  Originally posted by Joerick View Post
                  Also, I realize that this is unrelated, but I really would like to know who I would contact when a company is in violation of Labor laws, not necessarily this, but other Labor Laws in general.
                  There is no one-size-fits-all answer here. There are many labor laws and each law tends to be managed by a different part of the government. For example, minimum wage and overtime tend to be handled by federal or state DOL. Assuming the state actually has a DOL. Some states do not. Claims of illegal discrimination tend to be handled by the EEOC. Other laws are handled by other people.
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

                  Comment


                  • #10
                    I see. I suppose they could always try to take me to court. But realistically, the amount they want would be less than attorney fees and court costs....meh. I do appreciate the information!

                    Comment

                    Working...
                    X