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MORE HOURS SAME PAY Pennsylvania

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  • MORE HOURS SAME PAY Pennsylvania

    My employer now wants us to work saturdays for free. I already work about sixty hours in five days monday thru friday. Now we are forced to be open on saturdays. We now are not allowed to have off monday after we work on saturday. We are all straight salary. And it does not seem to end how many more hours we are forced to work to keep our job. Is this legal?

    Thanks
    overworkedinpa

  • #2
    Before we can answer, we need to know if you are an exempt or non-exempt employee. If you are unsure, please tell us what your job duties consist of.

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    • #3
      Agree, salaried is just a payment method. We need to know if you are exempt
      or non-exempt.

      Thanks.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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      • #4
        Let it be clear though that there isn't a law that prohibits your employer scheduling you to work Saturdays or requiring them to give you Monday off if you do. At most the law might require that you be paid for all hours worked if you are a non-exempt employee. That might mean they lower your hourly rate so you make the same amount you did working just 5 days, as long as you are making at least minimum wage.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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        • #5
          Yes, although if the employer is really retroactively changing pay rates to manage paid overtime, federal DOL would have an issue with that. Paying someone MW is always legal. Paying someone more then MW is always legal. Fiddling the rate of pay to avoid paying overtime is not legal. The FLSA salaried non-exempt overtime regulations do not support this. Pretty much any "game" someone can play with salaried non-exempt employees has been tried, and settled in court. This is very established law.
          http://payroll-taxes.com/articles/sa...ernatives.html

          There is a common law principal that the employee has to know their rate of pay PRIOR to the work being done, and that the employer cannot retroactively change the rate of pay after the work was done. While FLSA does not support all common law principals, they tend to support that one.

          If the employer really wants to play games, there is exactly one legal method available. Pay the employees MW with an option bonus. It does not get any better then that for the employer. But if you tell Peggy Sue that she makes $10/hr, or $1,000/pay period, then the employer is basically stuck with that for all work done under those conditions

          One more time. Are we talking Exempt or non-exempt employees? There is a really important question that we really need an answer to.
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #6
            I should have included that the reduction must be on a going forward basis. PA requires this notice be given the payperiod prior to the change, but that can be a little notice as the day before you start working at the new rate.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

            Comment


            • #7
              Yes but, we are talking "salaried" here, which has a different set of FLSA regulations and a different case law. The whole intent of salary is that the salary cover the entire workweek or pay period (depending on which source you look at). Making changes once in a great while mid period is not a big deal. But DOL and the courts are on record that employers who keep playing games with the salary of a non-exempt employee never intended to follow the salary basis rules in the first place. If the employer really wants to keep "flipping the switch", they should stay with non-exempt hourly. Past that, some states have taken exception to employers who fiddle with hourly rates to avoid overtime. There are also huge number of court cases in which employers altered the non-exempt salary mid workweek to avoid paying overtime, and those employers all lost.

              It is ALWAYS much safer to just pay MW with optional bonus. Yes, changing the rate is generally legal, but changing the rate on the salary for the purpose of avoiding paying overtime is not legal.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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