Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Can non management workers be on salary in Louisiana?

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Can non management workers be on salary in Louisiana?

    Is it legal in Louisiana for a field worker who is not in management to be on a salary? Currnently, I am working in excess of 55 hours a week and not getting paid any overtime because I am on salary. Also, if I need to take off work on friday after working OVER 40 hours already, the company policy is to dock my pay. Is this legal or the right way to treat employees? :

  • #2
    from what i've read over at dol.gov , it depends on how much you are making. generally, if you aren't making $455/week or more, it doesn't matter what your employer says about you being paid a 'salary'. in fact, i'm in this exact situation. i am now taking action against my former employer for overtime that is owed to me. i too, was working 52-55 hrs/week and not being paid overtime because they told me i was paid on a 'salary' basis. wrong. i really suggest looking at http://dol.gov/esa/regs/compliance/whd/fairpay/main.htm you may have to search around a bit, but from what i understand, if you are not an administrative or professional employee, you are NOT overtime exempt. good luck!
    Last edited by tsloan; 06-04-2005, 05:35 PM.

    Comment


    • #3
      it seems the key here is that the worker must be preforming mainly office work or non manual labor in order to be exempt...and must be in a professional or management position. We must be in the same boat

      Comment


      • #4
        Exemption

        A more important factor is whether you have a considerable degree of latitude in the the determination of how you are to carry out your job responsibilities. If you are away from the office, you may be in a situation where you have a lot of latitude in your daily work.

        Also, some jobs are exempt by nature of the work to be performed. What are your typical job responsibilities?
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment


        • #5
          Really, there is no degree of latitude, if I understand what you are saying. Without getting specific about what I do, I will tell you that we are required to meet a quota everyday and almost always go way over that, because our team works very hard and preforms well. The amount of production we make each day determines how much money the company makes...and the company is doing great. We work non stop with just a short break for lunch. As I understand it, a non professional field worker, without management responsibilities CANNOT legally be on salary and must be paid hourly with overtime if he goes overtime. The way it is now, I am working 55 hour and more each week, without the benefit of overtime pay. Just lately, they wanted me to work the weekend to make up for their lack of planning.

          Comment


          • #6
            Exemption

            You can read about certain exceptions to overtime laws at: http://www.dol.gov/esa/fact-sheets-index.htm
            Lillian Connell

            Forum Moderator
            www.laborlawtalk.com

            Comment


            • #7
              Thanks....I feel confident that I understand the law now, as it pertains to me. Our company is definitely handling things the wrong way. I am going to try to get this resolved without any problems.....which should not be very easy.

              Comment

              The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
              Working...
              X