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

Announcement

Collapse
No announcement yet.

Salary question

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

  • Salary question

    Hi,

    Just a question reguarding what can and cannot be done to salary paid employee's, (or direction to actual literature)

    ___

    Right now I'm working for a small company where we have 1 or 2 other salary paid employee's. My typical work day is that I get in at around 7:30 and leave when the work is done. This is usually anywhere from 8:30 to 11:00 typically. They also schedule these employee's on saturday, but only from 9 to 6. So that means typically we work about 70 hours a week (those who work on saturday), and they say since we're salary paid employee's that our checks still are going to be based upon 40 hour weeks and we will not receive any extra time off or more money for our effort.

    And these are normal days, The first day I started the poor guys had to work from 8:00am to 6:30 am the next day, but the boss was kind and said "be in by noon, 5 or 6 hours should be enough, right?")

    Was just wondering if this was normal.

  • #2
    First of all, whether it is normal or not depends on the type of business, your area, all kinds of things.

    The only issue is, do you have to be paid overtime? Reason I ask is that "salaried" is merely a pay method. The issue with overtime is whether you are exempt or nonexempt from the FLSA provisions to pay overtime. What exactly are your job duties?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      ...and what state do you work in?

      .
      This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

      This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

      Comment


      • #4
        I work in the state of california

        I'm basically a field technician, so job duties include, basically going out on the field and fixing peoples computers, networking stuff etc..


        I have no idea if I am exempt from the overtime issue in the FLSA provisions, I don't even know how to find out

        But if I were exempt then what they're doing is completly legal?

        Comment


        • #5
          How you find out is to read the criteria for exempt status in the link I gave you. At least that's a place to start.

          Now, if you truly do qualify as an exempt employee, you do not have to be paid any additional compensation no matter how many hours you work, or whether or not you are on call.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

          Comment


          • #6
            and I am completly obligated to fulfill any hours in which they want me to?

            Originally posted by Pattymd
            How you find out is to read the criteria for exempt status in the link I gave you. At least that's a place to start.

            Now, if you truly do qualify as an exempt employee, you do not have to be paid any additional compensation no matter how many hours you work, or whether or not you are on call.

            Comment


            • #7
              Regardless of whether you are exempt or non-exempt, yes, you are obligated to work whatever hours they want you to work. You can be fired for not working the hours they want you working.
              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


              • #8
                Shouldnt the rules outlining exempt be constraining?

                I would think only a narrow class of employee could actually be classified as expempt, or we'd see them trying to do this with everybody.

                Comment


                • #9
                  Oops, I forgot to post the link. Sorry.
                  http://www.dol.gov/esa/regs/complian...a_overview.htm
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  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