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  • Texas need help

    Question, I signed a contract that I would get paid $300 a week, things went wrong. The contract does not say as to how many hours I have to work for this $300 a week etc. If I do work more then 40hrs is it illegal to not pay me the overtime even if i signed this contract that does not say how many hours i have to work for the $300? Or even can I work 1 day a week and I should get paid the this $300 regardless? Pls help
    Last edited by claudia01; 09-12-2008, 10:55 AM.

  • #2
    There are too few details to tell what is legal and what is not.

    If you are in outside sales, then you could be paid nothing for the week and simply earn commissions. You could be paid $300 per week and have the draw deducted from your commission.

    Either way, you are not entiled to overtime.

    Your situation might be different and require overtime, but it is not possible to offer an opinion without more details.
    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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    • #3
      Agreed. We need to know the nature of the employer's business (not their name, just what they do). We also need to know what your job duties are. If you sell something, we need to know where you sell it. As Scott says, inside sales is legally very different from outside sales.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        texas need help

        Restaurant business, Really there was no title as to position on contract , but acting as General Manager, Really getting screwed.

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        • #5
          Title means nothing. If, as General Manager, you have responsibility for and make decisions affecting the profitability of the establishment, you would likely meet the criteria for the Executive exemption (as in, exempt from minimum wage and overtime provisions of the FLSA).

          However, in order to be exempt under this classification, you must have a guaranteed salary of at least $455/per week. A contract cannot make that requirement go away.
          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
            texas need help

            At least $455 is alot better Then $300, where can I find out about that?

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            • #7
              Take a look at the so-called White Collar exceptions. The Executive and possible the Administrative exception should be examined. Those are the two most obvious for the employer to try claiming. Both of these exceptions have a "salary basis" requirement of at least $455/week, and the exception would fail on this point alone if not complied with.

              The key is that all employees are inherently Non-Exempt (subject to minimum wage and overtime requirements) until and unless the employer can support one of the Exempt exceptions. No support means that MW/OT are applicable.
              "Reality is that which, when you stop believing in it, doesn't go away".
              Philip K. **** (1928-1982)

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