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  • Oklahoma-salary employees Oklahoma

    My wife has taken a new job with a salary position. Her boss has her working over 40 hours every week. Even on call all weekends. I told her that I didn't believe that he was allowed to do this but she is afraid to say anything out of fear that he may fire her. Does she have a legit complaint and is it illegal not to pay overtime(even in a salary position of 1300.00 per month)

  • #2
    Salary is a payment method. Whether she is due overtime or not depends ono whether she is exempt or not exempt from the overtime provisions of the Fair Labor Standards Act. If you post back with more details about what her job actually entails, someone may be able to tell you more.

    http://www.dol.gov/esa/whd/flsa/
    I am not able to respond to private messages. Thanks!

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    • #3
      She is an apartment manager, I really dont know what would make her exempt or not. I just feel that its not right. How do we check to see if she is exempt or not? She pays all of the bills online, she makes bank deposits, she inputs all data into cpu, she shows and rents all apts., she has to deal with all tenents that come in or call, she lets maintance men know which apt. is to be worked on. I could keep going but I think you see a description of her job. She does this for two(2) apt. complexes,several rent houses, and a motel. All for the same owner.
      Last edited by jaydad37; 03-19-2008, 04:43 AM.

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      • #4
        She may be exempt from overtime under the administrative exemption. FLSA is administered by the U.S. Department of Labor. Information on exemptions is here: http://www.dol.gov/esa/whd/flsa/

        One of our other posters, who knows this area in more detail than I do, may be able to respond further.
        I am not able to respond to private messages. Thanks!

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        • #5
          I think it's likely that she could be considered exempt. Especially since screening tenants and deciding who to rent to and who not to rent to is a critical part of whether or not the business makes money. Indpendent judgment and discretion are two of the criteria for the administrative exemption. Check the link Marketeer provided.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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          • #6
            so if she is exempt, is she entitled to a minimum amount of pay?

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            • #7
              If she is exempt, she is entitled to be paid a weekly salary of no less than $455 per week. She is never, under any circumstances whatsoever, legally entitled to overtime no matter how many hours she works. However, her regular salary can only be docked in the following circumstances:

              1.) It is the first or last week of employment and she does not work the entire week
              2.) She is on FMLA
              3.) The employer offers a reasonable number of paid sick days, and she calls in sick at a time when she either has used all the days available to her or is not yet eligible for them
              4.) She voluntarily takes a full day off for personal reasons
              5.) She is suspended for a major safety violation
              6.) She is suspended for the violation of a written company policy which is applicable to all employees and which relates to workplace conduct (sexual harassment, workplace violence, drugs/alcohol in the workplace, etc.)

              In the case of #s 1 and 2 above, she only needs to be paid for actual hours worked.

              In the event of #s 3-6, she can only be docked in full day increments. If she works any part of the day, she has to be paid for the full day. However, the employer may require that she use vacation, sick, personal or other paid leave, in either full or partial day increments, whether she wants to use it or not.

              If she does not work at all in a work week, she does not need to be paid at all.
              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
                Originally posted by jaydad37 View Post
                My wife has taken a new job with a salary position. Does she have a legit complaint and is it illegal not to pay overtime(even in a salary position of 1300.00 per month)
                She can not be exempt as indicated on responses noted above.. Base on her salary of about $300 per week I can't see how the administrative exemption may be applicable, when her salary falls short of the minimum of $455 requrement of the FLSA.

                Overtime is due for any hrs worked over 40 on a weekly basis.
                Last edited by ArmyRetCW3; 03-19-2008, 06:05 PM.
                ========================================

                "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

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                • #9
                  Does the apartment manager receive an apartment in addition to the monthly salary? And if so, is there an estimate as to the monthly FMV of the apartment?
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

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                  • #10
                    Originally posted by DAW View Post
                    Does the apartment manager receive an apartment in addition to the monthly salary? And if so, is there an estimate as to the monthly FMV of the apartment?
                    If the employee receives an apartment, is no revelant to meet the requirement of the guarantee $455 minimum salary. The apartment FMV can't come into play... See 541.606
                    Last edited by ArmyRetCW3; 03-20-2008, 04:05 PM.
                    ========================================

                    "A veteran - whether active duty, retired, national guard, or reserve - is someone who, at one point in his or her life, wrote a blank check made payable to The 'United States of America', for an amount of 'up to and including my life.'" (Author unknown)

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                    • #11
                      Fair enough.
                      "Reality is that which, when you stop believing in it, doesn't go away".
                      Philip K. **** (1928-1982)

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                      • #12
                        this is good to know because that is exactly what the owner is going to say"your apartment is part of your pay"! My take is that the apt. is provided so she can live on site and be on 24 hour call.
                        I've been telling my wife for sometime that I didnt believe that he was being fair or following the law of oklahoma. I really dont know what kind of recourse or choices she has at her disposal. She could really use some help in this area, is there anyway for her to get what she needs, to show him, in some type of text?

                        Comment


                        • #13
                          http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.606.htm
                          "Reality is that which, when you stop believing in it, doesn't go away".
                          Philip K. **** (1928-1982)

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                          • #14
                            I want to thank all for input and would only ask for a few more pieces of information. Where would she file a complaint? If she even will because she believes that as soon as she brings it up to him he will fire her!
                            If this happens, can anyone tell us the correct road to take and what to expect? Would she have any legal ground to stand on? Truly, we just have NO IDEA what to expect, how to get it done, or how much time it will take!
                            Again, we Thank everyone who has posted ideas and facts for us,

                            jaydad37

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                            • #15
                              OK is not my state, so this will be a soft answer. The normal solution is filing a wage claim with whatever OK calls their department of labor. In most states, firing someone for filing a wage claim violates something called the "public policy" rule, which means the employer can get in trouble with the state. However, OK is still not my state and I have no idea if this is true there, or just how much trouble the employer can get in.

                              Other solutions are filing a wage claim with federal DOL, filing a small claims court action or talking to an attorney. Anything involving a possible wrongful termination generally involves talking to an attorney.

                              I cannot tell you that there is no risk with filing a wage claim. I can suggest that whatever else is done, keep track of actual hours worked and if the employee ever changes jobs, then filing a wage claim or court action has less of a down side at that point.
                              "Reality is that which, when you stop believing in it, doesn't go away".
                              Philip K. **** (1928-1982)

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