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  • Overtime and other

    I have been employed by this company for almost 2 years. The company established itself in December of 2005. I started January 4th of 2006. I was immediately put on salary from start.

    I work over 40 hours a week from start of this business.

    I have worked from 4am to 10pm - 11pm almost day and also worked every weekend for the first 12 months.

    My male chauvinist manager states that I am salary therefore I am not entitled to overtime.

    I asked for comp time once and he said no I donít do comp time.

    I didnít punch a clock or keep a record of time, however, I did open and close the building many of times using my security code with ADT and was wondering if that was adequate records to use for the labor board, also within our company there is a lot of discrimination of all kinds and there are maybe 2 or 3 ex-employees that already contacted the labor board on this company.

    Also just recently I took off 3 days prior to Thanksgiving my boss (owner) told me I had to take them without pay. So if he can make me take off time without pay why doesnít he have to pay me for overtime?

    Do you think that I have a case against to get monies owed to me?

  • #2
    "Salary" is merely a pay method. The key here is whether you meet the criteria for exempt status or not. What exactly do you do in your job? Not your job title, but your primary duties?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      OVERTIME and OTHER

      My position is I do customer service -- we are a flooring company so when the homeowner has a cracked tile I and other employees in my department send out techs to fix the tiles, carpet, wood, etc. I call the homeowners and set appointment, submit purchase orders to get paid by builders for work completed, etc. Hopefully this helps!

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      • #4
        It does, and it certainly sounds like a nonexempt position to me.

        Now we have to determine if the employer is subject to the Fair Labor Standards Act and if not, if there are overtime laws in Nevada that would apply in lieu of the FLSA.

        Does the company either have at least $500K in annual gross revenue OR engage in interstate commerce (having supplies delivered from out-of-state would meet that requirement)?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          What is FLSA? and how do we determine if they are or not?

          Yes we have tiles, carpets, and wood flooring delivered from other states. At the time I was putting in all this over time i was assisting the account manager with clerical duties, and yes the company does make over 500k in revenue.

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          • #6
            With all due respect, you posted in the Nebraska forum. Which state are we talking about, Nebraska or Nevada?
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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            • #7
              Sorry, Nevada.

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              • #8
                Okay, I've moved you to the proper forum.
                The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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                • #9
                  Originally posted by kmjames View Post
                  What is FLSA? and how do we determine if they are or not?
                  FLSA is the Fair Labor Standards Act. It is a federal law and is arguably the single most important labor law. It is where the federal minimum wage and overtime laws come from among other things.

                  The general rule is that employers who have at least $500K in sales each year or engage in interstate commerce are subject to FLSA.

                  http://www.dol.gov/esa/regs/compliance/whd/whdfs14.htm
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

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                  • #10
                    FLSA is the Fair Labor Standards Act. It is the Act at the federal level to which all subject employers must comply with regards to wage and hour issues. It is also the collection of regulations that require, among other things, overtime pay for nonexempt employees when working over 40 hours in a workweek. In addition, Nevada law may require daily overtime as well.
                    http://www.laborcommissioner.com/doc...0site%20OT.doc

                    I'm not trying to make this more difficult than it needs to be, but it's just easier if we handle one issue at a time. Hang in there with me, OK? (grin)

                    Now, to your salary. How much was it weekly, and was there any meeting of the minds as to how many hours per week the salary was intended to cover?
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                    • #11
                      Overtime and Other

                      My current weekly salary is $888.46 and there was never any talk of how many hours...assumption is 40 hours a week.

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                      • #12
                        If there is no agreement to the contrary, I think assuming 40 hours per week is logical.

                        My first suggestion is to call the DOL and present your job duties and get their opinion. If they agree that you don't meet the qualifications, then you might want to print out the criteria for the Administrative exemption per the link DAW provided, and ask the owner, politely of course, something like "I was looking at this fact sheet, and my duties don't appear to meet the criteria for exempt status." Already having an opinion from the DOL will make you a little more confident.

                        If they feel that you DO meet the criteria, then you have an improper docking situation; you could show the employer this, if you feel so inclined:
                        http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

                        If, after you speak with the DOL (it may take them a couple of days to get back to you), if you'd like to further discuss your next steps, please feel free to post back.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                        • #13
                          Improper docking situation? What does this mean?

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                          • #14
                            The docking rules for Exempt Salaried employees are spelled out in the webpointer that Patty gave you.
                            "Reality is that which, when you stop believing in it, doesn't go away".
                            Philip K. **** (1928-1982)

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                            • #15
                              okay thanks

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