Maine

[bbuck]

Hi. I am an auto parts specialist with a GM and Nissan dealer in Maine. I have been doing this for 11 years (different companys) and have been on salary for the past year. I feel like I'm getting the short end of the stick by my employer. My pay is based on 44 hours per week. If I work more than this, I don't get overtime. Understood. But if I work 39 hours, I will be paid only for 39 hours, not the 44. I must use my vacation or sick time (4 hours minimum) to make up this difference. Then when I use up all my time, I get taken out of my pay for any time I haven't worked under 40 hours. Is this legal? We are required to work every other Saturday 8am to 1pm. I was told, but it was not written, when we went on this pay system, "it would even out." I do get a monthly bonus on sales for the month, which varies depending on how much we've sold. Also, when I work alone, we are not allowed to close the department at lunch time, therefore making me able to take a lunch impossible. I have been told that I MUST take a break, but how do you when the phones, wholesale and retail customers and techs don't stop? Thank you from a very frustrated parts guy

[cbg]

It was legal up to the point at which you were docked pay when your vacation time was used up. They CAN legally require you to use vacation (in whatever amount company policy dictates) when you miss time, but when your vacation, sick, personal and other paid leave is used up, you still have to be paid for the entire day if you work any part of the day.

I can't help you with the store closing issue; that's something you'll have to work out internally.

[ScottB]

You are expected to work 44 hours and, if you work them you get $X. I have no problem with that. You work 45, you get paid for 44, you work 43, you get paid for 43, if you have no PTO left. I do have a problem with that, as did CBG.

Document all of the time you work and how much you are paid. You will need this info when push comes to shove.

Do not threaten the employer with a visit to the Department of Labor, but sit down and have a rational discussion about what the pay arrangements are and why the laws require that you get more pay than what you are now getting.

If all else fails, by all means, contact the Wage and Hour Division of either the US DOL or the Maine DOL.