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salary laws in sc South Carolina

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  • salary laws in sc South Carolina

    I would like to know the labor laws concerning saliried employees in sc.I work 6 days a week for straight pay.My employer doesnt keep track of the hours we work (which is at least 50 plus).I cannot find any laws on my own please help!

  • #2
    What type of business is this and what exactly are your daily duties?

    "Salaried" is merely a pay method.
    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
      salary laws in sc South Carolina

      It is a deli meat distributor and I work in the warehouse.I pick the orders,package the meats for delivery, log them inot our system,stage them for the drivers,stock and keep inventory on all product.

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      • #4
        Originally posted by jaypee View Post
        It is a deli meat distributor and I work in the warehouse.I pick the orders,package the meats for delivery, log them inot our system,stage them for the drivers,stock and keep inventory on all product.
        Uh oh.

        Your job is non-exempt, which means you get paid overtime if you work more than 40 hours during a work week, even if salaried.

        Ignore SC law, if they have any meaningful labor laws. Federal law requires that the employer keep records of hours worked on a daily basis for non-exempt employees.

        How they pay you the overtime will vary. There are a couple of weird ways that it are allowed resulting in only half time (sort of) for hours worked over 40. If those don't apply in your case, then the employer should be paying you time and a half for hours worked over 40. OTOH, if you don't work 40 hours, your "salary" is meaningless and you could be paid only for hours worked.

        I have no idea if SC has a viable Department of Labor, so you might start by contacting the Federal Wage and Hour Division. They will enforce overtime violations at the regular rate of pay. Alternatively, you could contact an employment attorney and file a civil suit for back wages plus an equal amount as liquidated damages plus attorney fees plus court costs.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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        • #5
          Sounds nonexempt to me.

          First of all, the FLSA requires employers to keep accurate records of hours worked for nonexempt employees.
          http://www.dol.gov/compliance/laws/c...#recordkeeping

          Secondly, as a nonexempt employee, you must be paid overtime.
          Select Fact Sheet 23 from this list:
          http://www.dol.gov/esa/whd/fact-sheets-index.htm
          http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.113.htm

          There IS a rarely used method of paying salaried nonexempt employees where the premium portion of overtime is all that must be paid (the "half" time) and the weekly salary is intended to cover all the straight-time portion of ALL hours worked. However, you would have had to agree to that method and there are additional prohibitions against docking salary in this method.
          http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.114.htm


          Have you asked the employer why you are getting straight-time only for your overtime hours? What reasoning do they give?
          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
            The only thing he has ever told us is that we are salary not hourly employees and tends to throw in how s carolina is a right to work state.Also, last year i had to use 2 days vacation for a broken foot even though i had a doc note.is this fair?

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            • #7
              Well, first of all, right-to-work has to do with not being required to join a union to get a job. He's probably thinking of "at will employment", which he thinks mean "if you don't like it, leave". That doesn't fly either.

              Regarding having to use vacation for an injury, if you don't get (or didn't have any left), that would make sense.

              You need to start thinking of "exempt" vs. "nonexempt", not "salaried" vs "hourly". Nonexempt employees must be paid overtime, in one form or another, regardless of whether they are paid on a salaried basis or on an hourly basis.

              If you want to pursue this, you can either go up the chain to Human Resources or file a claim with the state Dept. of Labor, who will make the employer explain to THEM why you aren't getting paid time-and-a-half for overtime and will make a determination based on the law.
              Last edited by Pattymd; 09-09-2008, 09:31 AM.
              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
                One last thing,our drivers drive refrig box trucks that do not require a cld.Is there a limit on the amount of hours they can be required to drive?Most of them put in 10 plus hours on the road at a time.Thanks for all your help!

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                • #9
                  Sorry, that I don't know. Someone else will, though. Do they drive locally or interstate and what is the gross weight of the truck?
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Originally posted by jaypee View Post
                    One last thing,our drivers drive refrig box trucks that do not require a cld.Is there a limit on the amount of hours they can be required to drive?Most of them put in 10 plus hours on the road at a time.Thanks for all your help!
                    It is CDL, not CLD. I have no idea what federal laws are for truck drivers and I don't want to look them up, especially since this is an issue that does not directly involve you. Off the top of my head, ten hours of driving at one time won't violate federal law.
                    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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                    • #11
                      The drivers routes vary day to day.Some days local only,some days we go to north carolina.

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                      • #12
                        sorry,dont know the gross weight of the trucks

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                        • #13
                          Originally posted by jaypee View Post
                          One last thing,our drivers drive refrig box trucks that do not require a cld.Is there a limit on the amount of hours they can be required to drive?Most of them put in 10 plus hours on the road at a time.Thanks for all your help!
                          Federal laws would be in effect for CDL IF:

                          1- Gross Vehicle Weight Rating (GVWR) is over 26,000 pounds.

                          2- A trailer with a GVWR of more than 10,000 pounds if the Gross Combination Weight Rating is more than 26,000 pounds.

                          3- A vehicle designed to transport more than 15 persons, including the driver.

                          4- Any size vehicle which requires hazardous material placards.

                          GVWR is how much the vehicle is manufactured to carry, NOT how much it does carry.

                          That criteria is applicable regardless of whether they drive intra or inter state.

                          The GVWR is required to be printed on the trucks. As an example look for lettering that reads GVWR followed by numbers to state what the GVWR is. As stated above if it is over 26K pounds they are required to obtain a CDL. Most likely they are NO where near that amount. My guess would be closer to a two to six ton units, most box delivery trucks are in that range.

                          Even IF your drivers were required to have a CDL to operate those delivery trucks per Federal DOT laws they can LEGALLY average being on duty/driving 14 hours in each 24 hour period. This would be applicable using the the 6 day/60 hour rule which is what most companies do these days.

                          KM
                          Last edited by Kick Me; 09-09-2008, 10:58 AM.
                          Information posted by me is my "OPINION". I do NOT give legal advice to anyone as like most here I am NOT an attorney.

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