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Hourly AND Salary? Is This Legal? Missouri

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  • Hourly AND Salary? Is This Legal? Missouri

    I work in a call center. It's a non-union job. I do not manage any other employees. My pay description is "Salary non-exempt". I recieve a number of paid vacation days and sick days each year and medical benefits.

    In previous years of employment I was listed as "Salary non-exempt" but paid hourly. I had an hourly rate listed in my check stub. If I worked 35 hours a week I got paid for 35 hours. If I worked over 40 I would get time and a half for those hours over 40. My shift was 8 hours with a half-hour of that as an unpaid lunch. For 7.5 hours of work I make $90 gross total for the day.

    About 2 weeks ago we started having to work 8.5 hours with a half-hour of that as an unpaid lunch, so basically a half-hour more of work per day. I assumed I was going to be paid my normal hourly rate for that extra half hour (so about $96 gross for the day).

    I just found out a couple days ago though that we are not being paid for that half hour. Previously, when I was clocked in for 7.5 hours I would make $90 a day. Now, I was told for working 8 hours I would still only make $90 a day. I am also told if I work under 40 hours a pay period I will only get paid for those hours worked and not for 40 hours (for example, if I work 35 hours a pay period I will only get paid for 35 hours and not 40 hours). If I work over 40 hours a pay period I will still get time and a half for those hours over 40.

    From the sound of it I'm hourly until my last half hour of the day where I am then salary? It sounds really fishy, especially when I have been working these past weeks unaware I wasn't getting paid for that last half hour. Anyone have any thoughts? Thanks for any comments in advance.

  • #2
    "Salaried" and "hourly" are just payment methods that really do not mean much by themselves. What is important is the Exempt status. Exempt Salaried employees and Non-Exempt Salaried employees are paid under very different sets of rules. It is not uncommon for people to confuse these two legally very different situations. There is nothing you have said that sounds unusual or illegal for paying a Non-Exempt Salaried employee. I will include a pointer to an article on this subject.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


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