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Comp time for "salary" employees.. Texas

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  • Comp time for "salary" employees.. Texas

    At my former company, they made us all agree to be salary employees, but stated that missed lunches, overtime and things to that degree would be made up in comp time. Prior to being fired, they merged with another company that does not have salary employees and disagreed with the comp time. At that point, myself and one other technician had roughly 90-115 hours of comp time saved up (not all requests to take time off were approved). They paid us for 40 hours and said comp time was no longer something they would do (paid hours were simply added to 2-3 checks, it did not directly state it was for comp time). That still leaves me with the problem of having worked from 8am to 2am in a single day the week before they did that and now not being paid for some 55 owed hours of comp time that just simply vanished. My question is: Is there anything I can do to try to get that money at this point? They fired me in February of this year and I have been on unemployment trying to find another job. They recently appealed it and seem to have won, according to a letter I received. They have paid me over $3,600 and I realistically don't have a dollar to my name to pay bills or to even put gas in my tank (I have $4 cash, restricting me to mcdonalds) and am negative in the bank, etc. Any advice is appreciated.

  • #2
    "Salary" is just a payment method, that legally means very little. What is legally important is the Exempt status.
    - What was your actual job duties?
    - What was the industry?
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      jumping ahead a little...

      I see where DAW is heading with this, and absolutely agree that the answers to his questions are fundamental to you getting good advice.

      If, as I suspect, you were correctly classified as non-exempt, your former employer was out of line in paying "comp time" in lieu of overtime. The successor employer was correct in "disagreeing" with the comp time. The successor employer would be liable for paying you only for the time you were employed by them.

      The former employer would be liable for any pay due you due to mispaying, or misclassifying you. However...

      The Texas Payday Law specifically says that the sale of a business is a termination of all employment relationships, and the seller is liable for pay up to the close of the sale. The buyer is obligated to pay those it employs, but only from the close going forward.

      Any money due you for hours worked for the former employer is due from the former employer. You have 180 days from the due date of any wages to file a claim for unpaid wages with Texas Workforce Commission.
      Last edited by Texas709; 05-20-2010, 12:08 PM. Reason: sp

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      • #4
        - What was your actual job duties?
        - What was the industry?

        Job duties varied by day (we didn't even have a direct job title other than "tech") but ranged to everything from pulling and terminating ethernet/coax wires, PBX systems/VoIP, security cameras/DVRs, computer repair, customer service, shipping/receiving, printer/fax/copier repair, network troubleshooting, remote support, etc.. All things listed are jobs I have personally performed myself while working with them in the past.

        The industry is Information Technology. Before the merger, we had zero benefits (including no healthcare, etc.) because we only had 9 employees. So really, comp. time and vacation time were the only two things to look forward to. Not sure what all has to be done to specify what type of salary a person is on. We worked 8-5 mon-fri and rarely on weekends and only as jobs/projects required it. Let me know what other information you guys need and thanks in ahead for advice.

        Also, the comp time was only kept up with in excel spreadsheets.

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        • #5
          Tech support is usually non-exempt, which means you should have been paid overtime. I'll let the HR folks explain more, I just know about tech support because I've done it and seen people file with the labor board and win for being classified wrong and not getting overtime.
          I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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          • #6
            DAW asked the pertinent questions we needed to go further 5 days ago. Apparently the OP isn't all that interested in providing that information.
            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
              It's there, just above my post. I almost missed it.
              I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

              Comment


              • #8
                Sounds non-exempt based on what was said. Overtime should have paid.

                "Comp time" is legally something applies only to certain employees of governmental employers.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

                Comment


                • #9
                  Originally posted by chevyman2002 View Post
                  They paid us for 40 hours and said comp time was no longer something they would do (paid hours were simply added to 2-3 checks, it did not directly state it was for comp time). That still leaves me with the problem of having worked from 8am to 2am in a single day the week before they did that and now not being paid for some 55 owed hours of comp time that just simply vanished. My question is: Is there anything I can do to try to get that money at this point?
                  You're almost certainly non-exempt, and entitled to overtime pay for all hours worked in excess of 40 in a workweek. If you worked overtime for your former employer, it is your former employer who owes you, not the one who most recently (February) terminated you. I have tried, and I do not follow any time line in your original post.

                  If you file a claim with TWC, they may order wages due not more than 180 days prior to the claim date. If you go outside that time, you are sol.

                  Comment


                  • #10
                    Originally posted by Alice Dodd View Post
                    It's there, just above my post. I almost missed it.
                    So did I. It was the failure to use the "quote" functionality that threw me.
                    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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