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Salary w/o overtime with hourly deductions South Carolina

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  • Salary w/o overtime with hourly deductions South Carolina

    My employers are wonderful people, but I believe I am being shorted illegally.

    I am a salaried worker making $375 gross per week, without overtime.

    I am required to work 45 hours per week. However, if I don't work 45 hours per week, or if I do work the hours but my time clock doesn't show the full 45 hours, I am deducted hourly.

    So if I work 43 hours, I have not gotten overtime for the 3 hours over 40. Instead, I am deducted 2 hours out of my base pay.

    I manage a cell phone kiosk in a mall, to help provide background information for exemption status.

    Is this legal?

  • #2
    Probably not legal. You are a non-exempt employee. You must be paid at least minimum wage ($7.25/hr federal) and you must be paid overtime for hours worked past 40 in the workweek (also the federal rule).

    There are around 100 or so Exempt classifications, but someone selling cell phones at a mall kiosk does not qualify for any of them, so you are legally non-exempt.

    Your state is not my state, meaning I do not know what rules (if any) your state has. I can say with certainty that these rules (if any) would be "in addition to", not "instead off" the federal rules. Your specific rules cannot be any less favorable to you then the federal rules I described. I do not know how (or if) SC's DOL system works. If it does work, you can file a wage claim with them. If not, you would file a wage claim with federal DOL. Either way, keep track of all hours worked at home. Ideally you would have a spreadsheet with the federal MW/OT obligations spelled out against what was actually paid.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      http://www.llr.state.sc.us/Labor/wages/pdf/wcl-3.pdf
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      Comment

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