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Forced to Salary from Hourly Texas

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  • Forced to Salary from Hourly Texas

    I work for a trucking company that recently forced us to take a salary based pay. Set amount for 50 hours. A few questions.

    1) Is it legal to force us from hourly to salary
    2) Do they have to pay us time and a half after the 50 hours

    Any help would be appreciated, thank you.

  • #2
    1. Unless you have an enforceable employment contract or a CBA that prohibits it, yes it is legal. You don't have to "approve".

    2. Maybe, maybe not. Do you drive locally only, or interstate? What is the gross weight of the truck? What kind of business is this, i.e. is this a trucking company or is the driving of the truck ancillary to the business (for example, delivering purchases for a furniture store)?
    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
      Originally posted by Pattymd View Post
      1. Unless you have an enforceable employment contract or a CBA that prohibits it, yes it is legal. You don't have to "approve".

      2. Maybe, maybe not. Do you drive locally only, or interstate? What is the gross weight of the truck? What kind of business is this, i.e. is this a trucking company or is the driving of the truck ancillary to the business (for example, delivering purchases for a furniture store)?

      I work for a oilfield services company, we haul rock for the drilling pads. Local driving only. I have been told by someone that worked for another company that did the same thing and the employees filed a labor suit and was awarded back pay and the company was forced to put them all back on hourly because it was not legal to force from hourly to salary. It was legal to hire new employees and bring them in on salary, but current employees had to agree on the amounts and terms.

      We were told that if we did not agree to there terms that we would be terminated. Just this morning we were informed that we had a mandatory safety meeting Saturday at 6:30AM......UNPAID !!!!

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      • #4
        If you are a driver, you are a non-exempt employee. That means that you must be paid for your over-time (time and a-half for all hours worked in excess of 40 hours/week.) You can be paid on a salaried basis for your base hours (40 and under) however.

        I suggest you contact your State's Department of Labor, discuss your situation, and file a complaint if it appears a violation of wage and hour laws is occurring.

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        • #5
          "hourly" and "salaried" are merely pay methods. Nonexempt employees CAN legally be paid on a salaried basis; that does not mean that they don't have to pay overtime though, with very limited exceptions.

          Let me ask this, now that I've thought about this more. What happens if you miss time from work and you don't have any paid time off bank to cover it? Is your salary docked? And is there an agreement between the affected employees and the employer about how many hours per week the salary is intended to cover; 40? more?
          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
            Originally posted by Pattymd View Post
            "hourly" and "salaried" are merely pay methods. Nonexempt employees CAN legally be paid on a salaried basis; that does not mean that they don't have to pay overtime though, with very limited exceptions.

            Let me ask this, now that I've thought about this more. What happens if you miss time from work and you don't have any paid time off bank to cover it? Is your salary docked? And is there an agreement between the affected employees and the employer about how many hours per week the salary is intended to cover; 40? more?

            If we miss work other than a ran out...yes they dock our pay. We do not get sick days. We have a set dollar amount for 50 hrs. After that they only pay straight time at hourly rate which our salary was based upon.

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            • #7
              I was thinking of salaried nonexempt under FWW as a possible exception to the 1.5 pay for overtime, but since your salary is docked when you miss time and have no PTO to cover, that exception would not apply.

              I agree with Beth3. Without a valid FWW agreement or a Belo-type plan (neither of which your information supports), overtime is due at 1.5 pay for hours over 40, not over 50.

              Just for curiosity's sake, have you asked the employer why the salary covers 50 hours instead of 40 and what legal exemption they are using for not paying OT until after 50 hours AND for paying it at straight-time only?

              Honestly, I'd be interested in hearing what they might have to say, just to see what authority they're trying to use for this.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                Agreed.

                http://payroll-taxes.com/articles/sa...ernatives.html
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

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