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  #1  
Old 02-09-2006, 02:47 AM
cfdiceman703 cfdiceman703 is offline
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can anyone help me with the labor issues in regards to salary? my boss decides when you dont work a day he docks you a dayspay but whenyou work more then your 4 day work week which he makes mandatory he does not pay additional i thought salary was not dtermined by the day. He also recently changed everyones hours to a 5 day work week and did not give any notice we were working a 4 48hour schedule and he now makes us work 5 day 60 hour schedule and he did this all with out notice and also made it clear if you didnt wat to work these hour to get out. i have a child i have to pick up on one of my prearranged days off now he is telling me toughfind someone else to pick up the child and that i better be there. i am in car sales if it matters and this a major problem with me. is legal to just change hours i was told he cant do that but i am not 100%
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Old 02-09-2006, 06:32 AM
cbg cbg is offline
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Yes, he can just change the hours with no notice. He sets the hours the employees work, not you. And yes, he can require you to be there. I don't mean this as harshly as it will sound, but your child care issues are not his problem.

However, whether or not he can dock you for time not worked depends on information we do not have. We need to establish first whether or not you are exempt or non-exempt (salaried is only a pay method). Can you give us an idea of your job duties? Not your title, we need to know what you actually do.
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Old 02-09-2006, 07:47 AM
cfdiceman703 cfdiceman703 is offline
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he can even add hours and make people 60 hours instead of 48 with out compensating them? that sound nuts. i know i i will be writing my senator to work on some law for this i do car sales i am to process papaerwork greet customers follow up with them etc.. thanks for the help
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Old 02-09-2006, 07:57 AM
cbg cbg is offline
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Hold on. I said he could add hours. I didn't say he could do it without compensation. That has yet to be established.

You didn't answer my question, and until you do, we don't know if he can do it without extra compensation or not.
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Old 02-09-2006, 09:08 AM
LaborLawNJ LaborLawNJ is offline
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You stated that you: process paperwork, greet customers and follow up with them, etc

Do you actually sell cars?

Or are your duties limited to the administrative duties that you mentioned?

In order for anyone to give you a more definitive answer we need to know more about your job duties.

Regards.
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Old 02-09-2006, 08:11 PM
cfdiceman703 cfdiceman703 is offline
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i actually sell the cars, i test drive the customer negotiate with the customer and process all paperwork to be given to the finance department
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Old 02-09-2006, 08:14 PM
cfdiceman703 cfdiceman703 is offline
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i also follow up with the customer and deal with their insurance agancy as well as make arrangements to get any equipment added to the customers car ie leather sunroof 6 disc changer and if requested i arrange servicing on ther car with our service department
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Old 02-09-2006, 08:19 PM
cfdiceman703 cfdiceman703 is offline
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this man also walks around the show room screaming at employees and embarassing them in front of customers and other salesman he recently fired someone because they refused to sign the paper in which he wrote that person up. the person would not sign it because he did not feel it was accurate and the boss would not allow him to write a response why he thought it was in accurate he calls people names. he is just a real nasty person i wish i could quite but is conviently close to my home and kids school
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Old 02-10-2006, 07:52 AM
LaborLawNJ LaborLawNJ is offline
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Unfortunately for you, under NJ's Wage and Hour law "car salesman" are not entitled to overtime pay, pay for hours worked over 40 hours. So, if you work 60 hours in a week your employer is not obligated to pay you any more.

With regards to the salary issue, you are entitled to the full weekly salary whether you work 5 hours or 70 hours. There are some exceptions to this rule but you have not mentioned any of them. At this point, it sounds like you may have a claim for unpaid wages for those days you were docked.

Regards.
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