I am currently fighting my ex-employer due to labor violations. One of them being not being paid overtime pay. I have apparently won my claim, however, my ex-employer is claiming I was on salary instead of hourly. I have argued this with the DOL but seem to be unable to get it through their heads.
My understanding of salary was that you get paid for the full 40 hours (provided you worked 3 days during the week) even if you were not their 40 hours. But the case worker is telling me different.
Is their any possible reasons the ex-employer is saying I was salary and not hourly that he would be using to his advantage?
2006-09-01 07:39:13 · 6 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment
Salary could mean anything if it isn't in writing. Otherwise it's your word against their word. Usually when one is salaried they put in more hours not less than the standard 40, but again, if there is nothing in writing, it's still your word against their word.
2006-09-01 07:45:12 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Salaried and hourly are classifications of workers. They both may receive what appears to be an "hourly" wage.
When you were hired, you need to go find your letter that welcomed you to the company. It will designate if you are salaried or hourly.
If you are salaried, there is a different formula associated with paying overtime - For example, if you make $20 / hour but you're salaried, if you have to work 10 hours overtime, you don't get paid for it because if you divide the $20 / hour into the 50 hours you worked, you're still making more than minimum wage and thus are ineligible for overtime. If you're hourly, you generally punch a time clock or otherwise report the start and stop times, have different rules for breaks and lunches, and get paid if you work 15 minutes past your scheduled end time.
2006-09-01 07:45:56 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Having you "on salary" does not necessarily relieve the employer from paying you overtime pay - whether you're exempt or not depends on your job responsibilities and your salary. The rules changed a couple years ago, but basically to be "exempt", or not be eligible for overtime pay, you have to have a certain level of responsibility, usually professional or management. Even then, if you're below a cutoff in salary, still would get overtime pay - until a couple years ago it was something very low weekly, translating to about $13,000 a year - now is something like $450 a week. If you meet all the requirements to be "exempt" from overtime laws, then your weekly salary basically covers however many hours you work a week, unless your employer wants to be more generous.
Go to http://www.dol.gov/esa/regs/compliance/whd/fairpay/main.htm for more info.
I'm a little confused when you say you've apparently won your claim, but the DOL doesn't agree - who did you "win your claim" with?
2006-09-01 07:53:47 · answer #3 · answered by Judy 7 · 0⤊ 0⤋
If you are a salaried employee, they do not have to pay you for your overtime. Salary gets paid the same, regardless of how many hours they work. There are some people at my work that work 65 hours a week but only get paid for 40. If you sue for unpaid overtime and he proves you were salary, then there is no unpaid overtime.
2006-09-01 07:45:47 · answer #4 · answered by mlc24_1980 3 · 0⤊ 1⤋
if your employer can prove your are a salary worker than by law you are not entitled to OT unless approved by your emloyer. if you are a true hourly earner, then by law your employer has to pay you OT if you work more than 8 hours a day and/or more than 40 hours a week
2006-09-01 07:47:13 · answer #5 · answered by Anonymous · 0⤊ 0⤋
if you get paid hourly he will have to pay but if you are salary you do not get payed over time. look at a check stub if it sayes hourly then you need to show that to dol it proves you are a hourly
2006-09-01 10:21:06 · answer #6 · answered by hate life 2 · 0⤊ 0⤋