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Should I be getting overtime? Pennsylvania

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  • Should I be getting overtime? Pennsylvania

    First i got hired at 7.50 an hour. limited to 80 hours twice a month. Then i was asked to be put on salary to work about 100 hours per pay cycle. @ 850 a month. so calculating i was reviving approx a dollar per hour pay raise so i took the job, but after the first month i am now scheduled for 115 hours. I was wondering if 1) i should be getting paid overtime for the hours worked over 80 in the 15 days or 2) is 850 above minimum salary rate? i heard something that minimum monthly salary is 910 in the state of Pennsylvania. Could someone Please help?

  • #2
    If you would lay off the K2, you would see that this question has already been answered in many other threads.

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    • #3
      K2 as in the ski and snowboarding company? IDK why so hostile. I looked though other threads from Pennsylvania and Couldent find one with my situation. If you could please just post the link i would appreciate it. If your going to come back with something rude again just don't say it at all. Thanks

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      • #4
        Sorry, I have run into many freaks that smoke K2, the drug. My apologies.

        You must be paid at least minimum wage for all hours worked.

        There are payroll professionals that can point you to the specific law.

        Some questions that are pertinent. Job classification (What do you do?), Number of employees the company has, how many hours in a calender week, and do you have anything in writing?

        http://www.portal.state.pa.us/portal...ylvania/553571

        Others should come on here and point to specifics.

        Best of luck, and again, I am sorry.

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        • #5
          Let's start at the beginning. What are your actual job duties? What is your industry? (Not the name of the employer, just the industry).
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            I am working at a (deleted) authorized retailer. So the Company is based out of Maryland, But our location is in PA. The company has between 20-25 employees? My Job duties are sales. I am supposed to make comission, but what happens is when i make a sale (deleted) pays my company commission on the lines of service, and my boss who submits our commission totals and selds them to MD just give us "what he thinks we make". Im pretty sure there is some sort of lawsuit on that matter in itself. Other employees agree. I suppose it would just be more efficient to go abck down to hourly. Because @ 115 hours thats only 7.39 ann hour instead of 7.50. Its just a cheap *** way for a company to escape paying overtime or hiring another employee.
            Last edited by Betty3; 01-15-2011, 09:11 AM. Reason: remove name of company/employer-is phone co.

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            • #7
              I guess more what im trying to say is. @ 7.25 an hour and i work 58 hours... the minimum wage for that is $486a week so that is $1,944 and i get paid 850 twice a month. Would my company be required to pay the difference of 244 dollars to cover minimum wage if my commissons dont put me over that $1,944 threshold of "minimum wage"? I would understand i dont get overtime on salary but they should have to pay me a minimum wage salary. And when i agreed to the salary (which was a verbal agreement) it was estimated @ 100 hours per pay period, not 116.
              Last edited by k2freak27; 01-15-2011, 08:56 AM.

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              • #8
                Inside salespersons (assuming that is your primary job duty) are nonexempt. "Salary" is merely a pay method and has no legal signifigance.

                I have no idea how you're coming to $486.00.

                $7.25 * 40 = $290.00
                $7.25 * 18 * 1.5 = $163.13

                That makes the minimum gross required $453.13 for a week of 58 hours worked.

                On "salary", your weekly pay would be ($850 * 24) / 52 = $392.30.

                That makes the weekly shortage for a 58-hour workweek $453.13 - $392.30 or $60.83.

                One question regarding overtime, though. In say, a representative month, how much would your commissions be?
                Last edited by Pattymd; 01-15-2011, 09:51 AM.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  Agreed with Patty. Assuming that you are inside sales (selling while at your employer's establishment), you must be paid minimum wage, period, no exceptions for any reason. This is determined on a workweek basis by averaging related payments against the aggregate hours worked. Meaning that each and every hour worked do NOT need to be paid MW as long as on average (for the workweek) all hours are paid at least MW.

                  Agreed with Patty that "salary" per se is legally nothing by itself. Especially in a sales context.

                  Overtime is a little more complicated. One of two things most be happening.
                  - You most likely are subject to the "normal" method. Meaning for all hours worked past 40 in the workweek you must be paid at least a 50% OT premium.
                  http://www.dol.gov/whd/regs/compliance/whdfs23.pdf
                  - There is a possibility (as in not very likely) that you could be handled under the Retail/Service Establishment exception (also called the "7(i)" method". For this to be true, you would have to be paid more in commission then in base wages and you would have to be paid 150% of MW for all hours worked. The trick is that the commission portion is generally paid monthly while everything else is generally paid weekly. However in a down economy with no one selling much of anything it is VERY unlikely that this method is being used.
                  http://www.dol.gov/whd/regs/compliance/whdfs20.pdf

                  If you are not doing so already, start keeping track of all hours worked, plus all payments received. Keep this records at home. Pen and paper notebook work just fine. Do not tell anyone what you are doing. Assume any company computer or phone use is monitored. You can eventually file a wage claim for unpaid time, but it is best to have some actual documentation first that covers a few months or more.
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

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                  • #10
                    I have been Keeping track of all hours worked and amount paid since day 1.
                    Every time i do the calculations for the 18 hours of overtime in the week....
                    7.25*18*1.5 i get 195.7 not 160 something. Considering my commission is Paid at the end of the the following month, and i only started working here November 16th, I only have received a partial commissions check of 80 dollars for the second half of November. But because i was working at the boss' store (the busy one), those commissions were high. I am expected to make between 100-150 dollars commission per month at my store. Do i have to include those commissions in my minimum wage calculations? I don't think i should have to considering they have to PAY me minimum wage, they are not tips. Strictly incentive to sell.

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                    • #11
                      Depends. If we are talking federal law only, then the feds mostly do not care about commissions. Unless the Retail/Service establishment exception is in effect, and the employer would have to give you at least one half of your compensation in commission, which is not happening based on what you have said. So for federal purposes, you are likely under the "normal" rules. Put together a worksheet. For each workweek, track actual hours worked, the MW liability and the OT liability. The employer is either meeting those obligations or not. Black letter law.

                      Commissions outside of the 7(i) exception are maybe complicated and likely not something covered by labor law per se. The feds do not care. Most states do not care. I have no idea what PA commission rules (if any) are. Very basically you have to take your commission agreement to a local attorney, who has to actually read all related documents to see if a legally enforcable contract exists. There is no labor law that (in most states) says commissions must be in addition to MW. In fact in all states a properly worded commission agreement can legally treat the MW/OT payments as "draws" on commissions (advances). In some states, the state gets picky about the exact wording of the agreement, so I am not going to say that this is always legal. It is possible for an employer to mess up pretty much anything, and some employers do exactly that. I will say that it can be legal in all 50 states if done correctly.

                      You are basically making a "contract law" argument that you and your employer have a valid contract that requires the payment of commissions over and beyond the labor law requirements. Labor law does not require this. And this is something that courts would not take your word on, but would want to review the actual "contract".
                      "Reality is that which, when you stop believing in it, doesn't go away".
                      Philip K. **** (1928-1982)

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                      • #12
                        And i know that this has already been answered in other posts, just so i am going to my boss with all the correct information. I do not necessarily want to file a claim considering i need my job and cant afford to lose it, i may just want to take all the information i have gathered and present it to him, requesting a raise and compensation. Since I get paid twice a month (usually the 16th or 17 and then the 2nd or 3rd of the following month), with my commissions for the previous month attached to the first pay of the month. A work week is 7 days. Either Sunday-Saturday or Monday-Sunday. If i work 60 hours one week and only 35 the next. i SHOULD be calculating MW for hours worked ---

                        75 hours @ 7.25 and 20 hours of overtime @ 1.5 times 7.25

                        And it is my company's obligation to carry overtime from one period to the next. It had nothing to do with pay scheduling . So the first 5 hours of my check may be overtime hours carried over front he previous pay period

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                        • #13
                          You need to clarify how the company has defined the workweek. It's 168 consecutive hours starting on a day/time certain.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                          • #14
                            The workweek is from 12:01 am monday morning- 11:59pm sunday night.

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                            • #15
                              OK, then, that's where you start counting for purposes of 40 hours per week and any excess.
                              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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