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Salary Exempt Help!!! Colorado

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  • Salary Exempt Help!!! Colorado

    I am a salary exempt employee in Colorado. My salary should be $30,000 a year for 42.5 hours a week. When I get my paycheck it says that my hourly wage is $13.57 an hour. That is what I am paid for 40 hours of the week. The remaining hours I get half time which is $6.79 an hour. This does not seem correct to me, but our controller says it is. Does anyone know if he is correct?

  • #2
    There is no legal requirement that Exempt Salaried employees are ever be paid overtime. That is what the legal definition of "Exempt" means.

    It is perfectly legal in Colorado for your employer to require you to work 24/7 unless you are something like a minor child or an airline pilot.

    There is a legal requirement that Exempt Salaried employees be paid at least $455/week (you are).

    I do not know what Colorado's pay stub rules are, but even if your employer is somehow violating those rules (should those rules exist) the penalty would go to the state, not you.

    That does not leave much. The only obvious remaining issue is whether or not you are legally Exempt. If you are legally Non-Exempt, then the sort of things you are talking about suddenly become possible issues.

    The federal (FLSA) rules can be found below.

    http://www.dol.gov/esa/regs/complian...irpay/main.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Thanks

      Thanks for the information. What I am wondering is does that add up to 30,000 a year? Is there a formula to find out what my hourly wage should be, if after 40 hours i make half time?

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      • #4
        Sounds more like you're maybe being paid as salary nonexempt. 42.5 hours * 52 weeks per year; divide that into $30K and you get $13.57 per hour.

        What happens, though, if you work more than 42.5 hours per week?

        What exactly are your job duties?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          I understand how you get $13.57 an hour if I work 42.5 hours a week, but on my paycheck it has 13.57 an hour for 40.00 hours. So the 2.5 hours are counted as overtime, which i get paid half for. This is what has me confused because this way I am not really making $30,000 a year. Correct?

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          • #6
            Have you tried asking your company if you are Exempt or Non-Exempt?

            Have you ever paid paid overtime?

            Did you get an offer letter or any type of instruction on just how your compensation works? $30K annually is $576.92/week (assuming that you are paid weekly). A Non-Exempt Salaried could be legally (and carefully) expressed in such a way that the $576.92/week assumes an implied hourly rate of $13.187 with 2 hours paid overtime. I personnally do not see the point to this type of nonsense but other employers apparently do because I have seen other employers state salaries with implied overtime in this manner.

            What is the salary per pay period, what is the pay period, and have you been paid exactly that amount of gross wages each payroll?

            I would not get too excited about what the pay stub says or does not say. There are no federal pay stub rules. There are no rules that say that the pay stub are a legally binding contract. You have a single major issue and that is whether you are Exempt or Non-Exempt. Everything else is secondary.

            Also, the so-called $30K per year is just this side of legally meaningless. Under federal rules (FLSA), each pay period stands alone. Exempt Salaried employees can be docked full day voluntarily not worked or full work weeks involuntarily not worked. Non-Exempt Salaried employees must be paid overtime for hours worked past 40 in the workweek and can be docked for base hours not worked. Absent a very unusual written contract, the employer has no obligation to pay you exactly $30K per year.
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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