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Salary Questions New York

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  • Salary Questions New York

    Hi all,

    I am a salaried employee for a company, but had some questions. When I moved to salary I signed a job description, but I do not recall that ever having my hours on it. So there are weeks I work 60 or more hours, all for the same salary. The company no longer requires us to punch in and out so they don't even have a record of how long we've been working for anymore as well. The other thing is I am on call 24/7 yet I receive no compensation for the late night calls. I was wondering if this is all legal, or if I should got the DOL about this? I know I am not the only salaried employee in my company in this position.

  • #2
    Salaried is merely a pay method. Whether or not you are due additional compensation over and above your salary depends on whether you are exempt or nonexempt.

    What exactly are your job duties (not your title) and what kind of business is this (not its name)?
    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
      I work IT Support with Database maintenance, (could list all I do but that'll take a bit, best way to sum it up). Company is in the optical industry and I am one of two people responsible for the upkeep of the system that runs the entire production lab, for 4 different labs across the US. That is one of the reasons I'm on call 24 hours, as there are labs in the Pacific Time Zone so their hours are different. Not sure if I qualify as exempt or not, I think I am as I don't get docked for being late or anything, and as said do not get any overtime.

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      • #4
        Well, your duties are important. I'm guessing you might qualify under the Administrative classification or the Computer Professional classification. Check these out and let us know what you think.
        http://www.dol.gov/esa/whd/regs/comp...nistrative.pdf
        http://www.dol.gov/esa/whd/regs/comp...e_computer.pdf

        You are making the minimum salary of at least $455/week, correct?
        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
          Yes I am making at least 455 per week. And from looking at it I fall under the FS17E link that you posted. Just not entirely sure how that relates to overtime.

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          • #6
            If you meet the criteria for exempt status, there is NO condition under which you are legally entitled to overtime pay.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              If you qualify as an exempt employee and are being paid a salary of no less than $455 a week, then overtime is irrelevant. An exempt employee never has any legal expectation of being paid a single penny over and above his regular salary, regardless of how many or how few hours he works.

              The flip side is that there are very limited situations in which you can receive LESS than your entire salary for the week.
              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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              • #8
                Well that explains the overtime part. Now just curious about being on call 24/7, or does that fall under the same rule?

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                • #9
                  It does. Sorry. There are advantages to being exempt, mainly that there are very limited circumstances under which your weekly salary may be docked. This, however, is one of the disadvantages.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Okay, and thanks for the help.

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