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something fishy in Wisconsin

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  • something fishy in Wisconsin

    I make bowstring and I am paid piecework wage. I was given the wrong instructions for some of them and have been informed that i will not get paid for the 8 1/2 hours it took me to fix them and my production was down this week so it works out to 40 hours of work at a rate of $3.95 an hour before taxes that they are gonna pay me I am pretty sure this is illegal along with the fact that they pressure you to work way more hours than 40 per week but will not pay overtime and many other things. I am also told if you disagree with what they do they will fire you on the spot. I need help please

  • #2
    Possible illegal. I am going to go over federal rules (FLSA) only. Your state is not my state, and if some one else wants to cover WI specific rules (if any), have at it.
    - The starting point is the workweek, which is a fixed 168 hour period of time legally unrelated to shifts and schedules. My last four employers used a single workweek ending Sunday midnight for ALL employees even though we no employees with a shift/schedule that ended then. It is unusual for one employee to have more then one workweek definition. It is mechanically difficult to implement more then one workweek definition for the same payroll although not illegal.
    - Minimum wage is legally calculated by totaling ALL hours in the workweek, then ALL dollars related to those hours. The total dollars divided by total hours is Regular Rate of Pay. If RRP is less then the federal MW of $7.25/hr, then a FLSA violation has occured. Just to be very clear, the feds do not say that each hour by itself must exceed MW, just that for each workweek that RRP equals or exceeds MW.
    - Overtime is all hours worked in the workweek in excess of 40. A 50% OT premium against RRP must be paid for those hours. There are also a lot of overtime exceptions in FLSA, mostly industry specific.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Originally posted by DAW View Post
      Possible illegal. I am going to go over federal rules (FLSA) only. Your state is not my state, and if some one else wants to cover WI specific rules (if any), have at it.
      - The starting point is the workweek, which is a fixed 168 hour period of time legally unrelated to shifts and schedules. My last four employers used a single workweek ending Sunday midnight for ALL employees even though we no employees with a shift/schedule that ended then. It is unusual for one employee to have more then one workweek definition. It is mechanically difficult to implement more then one workweek definition for the same payroll although not illegal.
      - Minimum wage is legally calculated by totaling ALL hours in the workweek, then ALL dollars related to those hours. The total dollars divided by total hours is Regular Rate of Pay. If RRP is less then the federal MW of $7.25/hr, then a FLSA violation has occured. Just to be very clear, the feds do not say that each hour by itself must exceed MW, just that for each workweek that RRP equals or exceeds MW.
      - Overtime is all hours worked in the workweek in excess of 40. A 50% OT premium against RRP must be paid for those hours. There are also a lot of overtime exceptions in FLSA, mostly industry specific.
      Who would I talk to, To find out what is legal in Wisconsin?

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      • #4
        The WI Department of Labor comes to mind.
        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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