Announcement

Collapse
No announcement yet.

Question about salaried employee Tennessee

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Question about salaried employee Tennessee

    I am a salaried employee, paid every other week. My pay is based on 80 hours per period. Generally I work over 80 hours and my pay, of course, is the same. Recently I logged 73 hours for that pay period and was paid on a hourly rate. Isn't salary supposed to be the same? Is this legal? Any input y'all can give will be greatly appreciated.

  • #2
    Salaried is only a pay method and has no legal standing of its own. But you are correct that the employer doesn't get to have it both ways.

    Are you salaried exempt or salaried non-exempt?
    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.

    Comment


    • #3
      I'm salaried non-exempt.

      Comment


      • #4
        Then you have no legal expectation of being paid for time you did not work.

        Conversely, if you work over 40 hours in a single workweek, you are entitled to overtime.

        Please note: Unless you work in certain forms of health care, your employer is required to base your pay on two 40 hour weeks; not one 80 hour pay period. It IS possible, and legal, to arrange your hours so that you work overtime in one week, but fewer hours in the other week, so that even if you were paid for overtime your salary remains the same. This takes careful calculation, though, and I am by no means saying it is what happened. Just that it is legally possible.

        You are free to file a claim for unpaid overtime with the state DOL.
        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.

        Comment


        • #5
          Sorry but I had to educate myself on the difference between exempt and non exempt. I am classified exempt based on my written job description. I am titled as a Chief Engineer for an area hotel but am in reality a maintenance man. I supervise 1 employee and am considered a manager. My job description lists several "essential" qualifications that, quite frankly, I don't have. I don't have formal training only job experience. Our head housekeeper is also considered exempt and has run into this same situation.

          Comment


          • #6
            The link is to the USA's website. It allows you to answer some questions and see if, based on your answers, you are exempt or non-exempt.

            http://www.dol.gov/elaws/overtime.htm

            There are many categories of exemptions so even if you don't qualify under one you may under another. What you actually do is important, not what the company says the job is.

            Comment


            • #7
              Why did you miss the time? There are a few times that deductions are allowed for exempt/salaried: FMLA, taking a full personal day, etc

              Comment

              Working...
              X