Mandatory make up for missed days on Salary Missouri

[Media Master]

Im a Production manager for (Deleted by moderator). My employer pays me a fixed salary. If im sick or miss because of anything he will take those missed hours out of my check unless I make it up within the pay period. Is this right, he also will not pay overtime even when a month is 31 days like August 06. I worked 95 hours from the 15th to the 31st and says i owe him days. Isnt salary a payment method that is for the specified job getting done not hourly time put in?? PLEASE HELP,

[cbg]

Salaried is only a pay method. Are you exempt or non-exempt?

[Media Master]

My employer wont give me a straight answer, I dont think I earn enough to be exempt, i work with computers but only in video production. I dont program or design, enigineer..etc. Im pretty sure im exempt. He says that he will do things his way and thats the way it is and if I wont accept that then he will find a new manager. Is this right??

[Pattymd]

Do you earn at least $455/wk? And is it guaranteed no matter how many/few hours you work (with limited exceptions)? Do you have vacation/PTO time accrued? If you miss a partial day of work (not intermittent FMLA leave) and you are out of PTO time, is your salary docked?

[robb71]

Also as a reference point, your job title does not determine if you are exempt or non-exempt under FLSA. It's your "primary" job functions that make that determination. To help you better understand what qualifies as exempt under FLSA, please visit this link: http://www.dol.gov/esa/regs/complian...a_overview.htm.

[Media Master]

No, I dont make $450 a week. Its less than that and no if I miss any days or an hour of a day I have to make it up or Ill get docked. My boss CEO, wont tell if im am exempt or not. He threatend to fire me today because I keep asking questions. I am the only employee as of now, I supervised one employee under me. I dont get a paycheck stub either and today he told me when I asked about W-2's he said he filled out and signed the form for me. I think he's paying himself out of my agree'd annual salary ( paid on the 1st and 15th of each month). I know he's now probably looking for a replacement but that will take quite a while. I run the enitre show, from shooting the footage to non-linear video editing and his website, print materials (graphic design)....I'm a one man production team basically and Im over worked and really would like to have some employee rights. Thank you for your time.

[Pattymd]

Then it doesn't matter what he "tells" you. You don't make enough guaranteed salary to be exempt. Even if you fell under the exemption for Computer Professionals (under which you could be paid hourly), the minimum hourly rate is $27.63, which is much more than $455/wk.

Therefore, you ARE a nonexempt employee. Your salary CAN legally be docked if you miss time. However, you also must be paid overtime when you work in excess of 40 hours in a work week. The pay period is irrelevant. The employer MUST define a consecutive 168-hour period as the "work week" and THAT is what the 40 hours is based on.

[Media Master]

So I just have to take it and smile?? Is there anything I can do, anyway to make sure im getting the $23000.00 a year I was promised. Because when I do the math it comes out that I only recieve about $18000.00 a year, $733.02 on the 1st and 15th of each month. Can he fire me for inquiring about such information, and if he does will I be eligible for unemployment? (Ive worked there over a year full time)

[robb71]

Originally Posted by Media Master

So I just have to take it and smile?? Is there anything I can do, anyway to make sure im getting the $23000.00 a year I was promised. Because when I do the math it comes out that I only recieve about $18000.00 a year, $733.02 on the 1st and 15th of each month. Can he fire me for inquiring about such information, and if he does will I be eligible for unemployment? (Ive worked there over a year full time)

Is the salary amount you quote *gross* or *net*? Pattymd's question applied to *gross* pay.

[Media Master]

I clear 733.02 twice a month. I dont get a check stub and Ive asked and asked about getting one but he refuses. Is there any way to make him comply with employee rights laws?

[robb71]

Do you know if you will receive a 1099 or W-2 next year for tax purposes?

[robb71]

Q. Does an employer have to furnish their employees with a statement of deductions?
A. At least once a month an employer is required to furnish employees a statement of deductions as part of a check or in a separate document. If an employee does not receive a statement of deductions, private legal action would need to be taken.

http://www.dolir.mo.gov/ls/faq/faq_general.htm

[Media Master]

I did recieve a 1099 last year so I know he's got something filled out. But as far as knowing whats taken out of my check, im clueless. Im kinda hesitant to ask him again at least untill I find another job. If he fires me would I be eligible for unemployment untill I can find a new position??

Also if he does fire me, how would I be able to prove alot of this. Is there any protection for someone in my situation???

[robb71]

If you are receiving a 1099, you are not considered an "employee"; instead you are considered an "independent contractor". As such, the labor laws do not apply here. The answers previously provided made the assumption that you were an employee.

http://www.dol.gov/esa/regs/compliance/whd/whdfs13.htm

[Media Master]

Im sorry, I just looked at my paperwork and found that is was in fact a W-2. I appologize for consuming your time, I really do appreciate your help.

[robb71]

According to Missouri labor statutes, you should receive a pay stub no less than monthly. I'd assume that the $733.02 amount you mention is your *net* pay. Net is your gross pay less statutory and voluntary deductions.

[Media Master]

Yes $733.02 is my NET. Could he just say no to giving me a stub?? Would I then have to hire a lawyer??? The state cant help me??

[robb71]

If you wish to pursue not receiving the required pay statement from your employer, this would be a legal matter. The state website says the same.

I'm surprised that it's such a hassle. As an employer he's required to withhold and pay income taxes on a regular and timely basis. In order to do that, he'd need to keep accurate records of taxes withheld from your pay. Providing you with a document showing the deductions should be an easy request to satisfy.

If an HR or payroll department is present, either should be able to handle this request for you. Maybe your best bet is to contact them for copies of your pay statements.

Q. Does an employer have to furnish their employees with a statement of deductions?
A. At least once a month an employer is required to furnish employees a statement of deductions as part of a check or in a separate document. If an employee does not receive a statement of deductions, private legal action would need to be taken.

http://www.dolir.mo.gov/ls/faq/faq_general.htm