Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Deducting from my "salary" ????

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Deducting from my "salary" ????

    Hi,
    I live and work in Kansas. I have worked in this store for 6 years, three of those years were for a previous owner. The previous owner paid me an hourly wage. The new owner paid me an hourly wage for about a year and then switched me to salary. I make less than $455 a week. I have never been paid overtime from this employer. When I have needed time off, I took that time off of my vacation pay( 1/2 day, one hour, etc) but once that was used up they started docking my pay when I had to be away even as little as one-half hour. I did tell them that this wasn't right but they insisted it was fair and continued this practice. My job at this business is to do the ordering, unpacking, marking and stocking the shelves, selling at the register all day long and keeping the store tidy....cleaning the toilet, windows, dusting, vacuuming, etc. I do not have the authority to hire or fire, set pay scale and no one works under me...my employer does that. Isn't it illegal for him to withhold pay from my salary? I understand if I am gone for one day or more that they can withhold pay but if I'm away for 15 minutes or 1 hour or 3 hours, they legally can't withhold my pay since I am on a salary, right?? I have worked overtime and have never been paid overtime, therefore I believe I am an exempt worker. Please advise and any information will be welcomed. Thank You!

  • #2
    If you are making less than $455 per week you are non-exempt by definition. On August 23, 2004 the laws on who can and cannot be considered exempt were changed, and the minimum salary for exempts was made $455. If you make less than that you are not exempt no matter what your duties are or how you are paid.

    Since you are non-exempt, they do not have to pay you for any time you do not work,but they MUST pay you at time and a half for any hours over 40 in a week that you work. They may legally pay you on a salaried basis if they wish as long as you also are paid OT when you work it.
    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


    • #3
      Thank you for your quick response.

      Comment


      • #4
        If you work any overtime for which they refuse to pay you, your recourse is to file a complaint for unpaid overtime with your state DOL.
        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

        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
        Working...
        X