In the US and in retail sales.
2007-02-23 11:25:38 · 12 answers · asked by margherita 4 in Politics & Government ➔ Law & Ethics
Am I correct in understanding that a salaried worker
must be paid for all hours work but not necessarily time and a half? Also does being paid a commission make a difference if they are paid for this time or not?
2007-02-24 01:57:12 · update #1
Generally, if you are classified as an "exempt" employee by your employer, they do not have to pay you overtime. However, if you are an hourly employee, they may be required to pay overtime or provide you with compensatory time equal to the overtime rate in hours. This is controlled by the Federal Fair Labor Standards Act. Some states also have similar laws governing overtime compensation and employee rights. Your State may be one of those, but you should rely on the FLSA guidelines. Check with your local library or on the net for details of the FLSA........good luck.
2007-02-23 12:41:53 · answer #1 · answered by deputydawg 2 · 0⤊ 0⤋
If you are an hourly employee, you must be paid for all of the hours you work. This is the law and part of the fair labor act. If he isn't paying you for all of the hours you work, I'd suggest you seek legal action for unfair employer practices. I would also refuse to work until he paid you back time (hours previously worked that you were not compensated for). Remember, documentation is vital. Keep copies of all of your time cards and document any conversations where your employer states that he will not be paying you for hours you worked.
2007-02-23 19:37:24 · answer #2 · answered by Wiseass 4 · 1⤊ 0⤋
To my knowledge, if you are paid a salary & that amount takes into account extra hours, then it may occur.
If you are on wages & paid an hourly rate, I believe you should be getting time in lieu for the hours not paid.
2007-02-23 19:36:30 · answer #3 · answered by Jill 2 · 0⤊ 0⤋
No, not even if you are a salaried worker. The supreme court has a judgement that salaried (exempt) workers shall recieve standard overtime rates after the obligatory 40 hour standard work week.
2007-02-24 01:34:49 · answer #4 · answered by Carl G 1 · 0⤊ 0⤋
No but they do it anyway. You can assert your rights and complain to the labor board, but so far, so bad. I never got anywhere with it. Try graveyard shift, minimum wage, no breaks, no back up, no alarm, no ride, and no pay for the first and last half hour. Typical here. Just because nothing might get done, that doesn't mean dont' report. If enough people report they might eventually have to do something.
2007-02-23 19:36:35 · answer #5 · answered by ? 4 · 1⤊ 0⤋
NO--not unless you signed something that declares you a salaried worker. You should get time and half for overtime. Call you local NLRB office if the employer is unwilling to compensate you. But do it on the hush hush--if not they will surely find some reason to fire you.
2007-02-23 19:35:03 · answer #6 · answered by scottyurb 5 · 0⤊ 0⤋
If you are a salaried worker, you are typically not entitled to overtime pay. They pay you to get the job done and how long it takes is irrelevant.
But if you work for hourly wages, then it is illegal to withhold pay for the extra hours you worked.
2007-02-23 19:34:01 · answer #7 · answered by Venin_Noir 3 · 0⤊ 0⤋
Not if you are an hourly worker.
If you are a salaried worker, they can get away with it.
I seem to recall a loophole if they say you are in a mangerial position they can get away with "flexing" you time. (but you have to get the time back another week paid)
2007-02-23 19:29:49 · answer #8 · answered by special-chemical-x 6 · 1⤊ 0⤋
they can either pay 40 hrs a week or 8 hrs a day. more than that they have to pay. they can be fined big if they don't. but they have the option of either way and if they go the 8 hrs a day way then you can get screwed, but legally.
2007-02-23 19:34:59 · answer #9 · answered by andreadawn99 2 · 0⤊ 1⤋
notify you state attorney office . most states its time and a half after 40 hours except agro workers .
2007-02-23 19:35:10 · answer #10 · answered by Anonymous · 0⤊ 0⤋