Can an employer pay a non-exempt employee a set salary for a static amount of hours per week?

Question

I know employers must pay non-exempt employees for overtime, but do they have to pay employees an hourly wage for all hours worked under 40? I was in a non-exempt position where I was required to log all my hours. I was paid my "full salary" for working 25 or more hours in a week but often actually had to work 30-35 hours to perform my duties. I recieved no additional compensation for hours worked over 25. I often worked on Friday's for free basically. Is it legal for employers to do this?

I was not guaranteed my full 25 hours. For instance if I only worked 21.5 hours in a week I would be paid an hourly rate for all those hours. Basically I was an hourly employee but my compensation was capped at 25 hours regardless of the amount of hours it actually took to perform my duties.

Answer 1

That sucks. I think you should go through any paperwork you may have been given at hiring. If they spelled out this arrangement in the contract and/or employee manual and/or new hire paperwork and you signed it, then I would imagine that makes it "legal."

Otherwise, you probably shouldn't have worked the hours. I was at a job where I would not be paid for any hours over 40, so I told my boss I was going to do my 40 and go home. I never worked through lunch or stayed late except for emergencies (of the kind where someone is bleeding). You may want to speak to an attorney, you may have a chance of getting back wages, but it's probably unlikely unless you have some proof of both your hours and your pay, and there's no official policy on it.

Answer 2

I think you're looking at it the wrong way. You were essentially paid for 35 hours every week, regardless of whether you worked them or not. You were getting paid for hours you didn't work when you only worked 25 hours. This is a good thing for you. You just have the wrong perspective.

Basically, they expect you to work about 35 hours per week, but will still pay you the full amount for anything over 25. You are getting paid whether you work or not.

Answer 3

verify your employment settlement / corporation coverage and techniques. If it says they could hearth you for discussing income, they could. Employers like this gadget because they don't have people coming as a lot as them putting forward "X makes this, i decide on this a lot funds too" workers who've a lot less concepts on what the overall income is can not negotiate besides and ought to settle for a decrease income. I not in any respect heard of those severe measures regardless of the reality that... is your organization dealing with a discrimination lawsuit? Or is someone attempting to envision a union?