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Was promised 50hr only getting 40hrs Legal? Florida

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  • Was promised 50hr only getting 40hrs Legal? Florida

    I was recently just promoted into a higher position that requiers me to be paid salary.I was told that I would get paid 50hr a week ,since I work 6 days a week and most of the time I make way more that 55hr a week,I agreed.when i got my pay check I noticed I was ony geting paid 40hrs.(13$ an hr X 40 equals 520$)When I told management she told me I missed understood that I was going to get paid 40hrs and had to do 50hrs.Is that legal?After that issue I told the I would only work 40hr so I was taking mondays off.Can I do that without being penalized?Also other manager though I was getting paid 55hr per conversation we had a couple of days later.Meaning the manager that I first spoke to never even looked into issue like she said she did ignoring my calls and leaving the office when I told her I wanted a meeting to talk things out with her.Is ther anything I can do to get what I was promised.The only reason I took it was because it wasnt going to effect my wages being paid 50hrs at 13$ an hour.

  • #2
    yeah its legal cause your on salary. your on a set pay so if u work 100hours over what u were salaried for it wouldnt matter cause your salary. some days u might go home early and you'll still make those hours for the day even if u only worked an hour

    Comment


    • #3
      I wonder

      If they don't change it,if you could request your old job and pay back without being fired or payed less per hour? You could tell your boss that you would like mondays off,but you can not refuse to work when you are told to,or they could fire you.

      Comment


      • #4
        Requested old job back

        She told me that I could get my old wages back witch was at 11.50$hr but would have to train that person that she would need to hire to replace me.Do I have to train my replacement who they might pay what was promised to me?

        Comment


        • #5
          sure

          Originally posted by Miarose81
          She told me that I could get my old wages back witch was at 11.50$hr but would have to train that person that she would need to hire to replace me.Do I have to train my replacement who they might pay what was promised to me?
          They can ask you to make the transition back to the way it was,easier,it is better than them telling you that you are stuck working so many hours and not getting paid for it. I wouldn't worry about the replacement getting the pay that was promised to you,I doubt they will pay anything more,and even if they do,that is besides the point. Since what you were promised was just verbal and not on paper,you can never fight it(to the best of my knowledge),so I would go back to hourly so you could fight any underpayment for hours worked.
          Last edited by turbowray; 07-09-2006, 01:35 PM.

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          • #6
            What are your job duties in this new position?
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              still trying to get out

              I have tried to get my old positoin back since july they keep on giving me the run around finally two weeks ago I told the Operations MAnager about my issue and me wishing to go back to houry he did the math and said he tought I was getting paid more than 40 hr that what I should have gotten paid and he was going to look into it and call me at the end of the day,He never brought it up again yesturday i called him and said did you find out what we spoke about now he said that in order for me to go back as a regualar employee I would have to find and train my repalcement and then I could go back hourly,i go into work at 630 in the morning and leave the earliest is at 530 and that is because I have told then I have to leave because I need to pick up my kids from after school care,I have to deal with every supervisor calling me at my personal phone they havent givin me a company phone like all the other supervisors,when im about to leave they send me reports that have to get done now
              Im getting very fustraded and Im running out of options I cant leave without another job first and I really dont have time to look due to Im alway there

              Comment


              • #8
                Originally posted by Miarose81
                I have tried to get my old positoin back since july they keep on giving me the run around finally two weeks ago I told the Operations MAnager about my issue and me wishing to go back to houry he did the math and said he tought I was getting paid more than 40 hr that what I should have gotten paid and he was going to look into it and call me at the end of the day,He never brought it up again yesturday i called him and said did you find out what we spoke about now he said that in order for me to go back as a regualar employee I would have to find and train my repalcement and then I could go back hourly,i go into work at 630 in the morning and leave the earliest is at 530 and that is because I have told then I have to leave because I need to pick up my kids from after school care,I have to deal with every supervisor calling me at my personal phone they havent givin me a company phone like all the other supervisors,when im about to leave they send me reports that have to get done now
                Im getting very fustraded and Im running out of options I cant leave without another job first and I really dont have time to look due to Im alway there
                Can you please answer Pattys question, she is most qualified to help you here, but can't if you do not answer any question she has for you.

                Comment


                • #9
                  reply

                  my new duties being in charge off all dispatch duties dealing with 40 plus techs ,in charge or 6 employee making scheduals, making sure every shift is covered ,making sure now one does any overtime and if they did to report why,having weekly meetings,keeping in contact with all supervisor from the main company we deal with doing daily reports at least 6 day always being an call to my employees and still work a shift of regualar dispatching Im by my self from 630am to 1pm untill they next shift kicks in

                  Comment


                  • #10
                    as soon as Patty sees this

                    She will let you know why she asked. Good luck!

                    Comment


                    • #11
                      You may qualify as exempt under the Administrative exemption. Also, if you supervise at least 2 employees, with the ability to hire or fire (or have your input on such issues strongly considered) you may also qualify under the Executive exemption, since you are managing a distinct department of the company. If you do qualify as exempt, you are not legally entitled to any additional pay over and above your weekly salary, no matter how many hours you work.

                      http://www.dol.gov/dol/audience/aud-employers.htm

                      Having said this, however, if your primary duties qualify you as exempt, but you regularly spend a substantial (not defined, unfortunately) amount of your time doing nonexempt work, this would most likely invalidate the exemption.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        I could be wrong about this, but I think under the Fair Pay Act it's 50%.
                        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                        Comment


                        • #13
                          Originally posted by cbg
                          I could be wrong about this, but I think under the Fair Pay Act it's 50%.
                          I wouldn't take that bet, cbg. I know it used to be 20%, but that's gone by the wayside.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                          Comment

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