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wisconsin and equal pay laws

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  • wisconsin and equal pay laws

    i was hired in 2004 at an hourly rate of 8.75 an hour working a 40 hour shift in a community based residential (assisted living) facility...in november 2004 employer offerred me a second position to work with my regular position....will work current scheduled shifts as defined by the existing work schedule, in addition will provide over night staff coverage for 2 clients. in a community based residential (assisted living) facility.this was a residence.included was rent and utilities.i lived in an apartment consisting of 2 rooms without an attached kitchen or bathroom (defined as a sleep/study underlaw)
    employer put me on a salary that every 2 weeks i would be paid $969.54.employer stated that it was set for 85 hours. however under us dept of labor regulations for residential care facilities it states that employees performing tour of duty of less than 24 hours must be paid sleep time.i was required to work regular scheduled 40 hrs and required to be on site from 11pm to 8 am, equaling 9 hours of compensatable time.each day i was working 17 hours.total hours of work per week equal 103.the employer stated that i could have 4 days a month totally off work by giving them a 2 week notice when possible to arrange for staff coverage for the overnight position.
    in essence what i am getting at is that, the employer knew it had to compensate for the hours i was working and required to be on site...US DEPT of labor fact sheet 22 of the FLSA.employees suffered or permitted to work...
    AND IN DOING THE SALARY FIGURED THEY COULD COMPENSATE ME AT $4.11 AN HOUR LESS THAN MY HOURLY RATE $9.26 PER HOUR PRIOR TO TAKING ON THE 2ND POSITION.I HAD WORKED HOURS IN EXCESS OF MY REGULAR 40 HOURS THAT WAS NOT PAID, EMPLOYER HAD ALLOWED FOR SOME COMP TIME FOR WORKING OVERTIME BUT DID NOT PAY OVERTIME WHEN IT WAS ASKED FOR.EMPLOYER SAID I COULD BUILD UP PAID TIME OFF FOR LATER USE.....
    FIRST QUESTION IS...AM I CORRECT THAT COMP TIME FOR WORKING OVERTIME IS ILLEGAL...
    SECOND IS IS IT ILLEGAL TO PAY ME LESS THAN WHAT MY COWORKERS ARE BEING PAID TO DO THE SAME JOBS- PLEASE HELP.THANKS.

  • #2
    Please do not use all caps - it makes your post hard to read.

    If you are non-exempt, then yes it is illegal to give you comp time instead of overtime unless you are a public employee. If you are exempt, comp time is legal but not required; if you are exempt, you have no legal expectation of overtime.

    It is NOT illegal to pay you less than your coworkers for doing the same job unless you are being paid less BECAUSE OF your gender, race or other protected characteristic. The equal pay laws do NOT say that everyone in the same job has to receive exactly the same wage.
    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
      exempt or nonexempt

      what kind of labor practice is it to hire someone for a higher rate of pay and compensate them at it until you offer them a 2nd full time position and in turn end up compensating them at a wage lower than their hourly rate of pay?

      I was paid overtime prior to accepting to work the 2nd position with the company....so that would mean I am entitled to overtime where it applies....I was not placed in a management position overseeing 2 or more employee's, I did not further my education beyond high school education, nor do i hold a degree to be classified as a professional, nor was I an outside sales contractor...

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      • #4
        The type of "labor practice" it is may be limited to this particular situation, fair or not. However, the law is as cbg stated. Unfair is not necessarily illegal.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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