I'm a supervisor and get paid salary (no overtime) but my staff (5) all are paid hourly (w/overtime). By the end June all of them will make more money than me becuase of overtime while I work more hours with no overtime. Our HR says, it's the law in CA unless the idividual make more than $110K/year. Is this true?
2007-03-22 10:26:52 · 12 answers · asked by Sam C 1 in Politics & Government ➔ Law & Ethics
Sometimes it just don't pay to be the boss, like in your case. Sorry.
2007-03-22 11:29:57 · answer #1 · answered by sam simeon 3 · 1⤊ 0⤋
Whether or not a job gets paid overtime is under a federal law, the Fair Labors Standards Act(FLSA). Jobs that don't get overtime are considered "exempt" from the FLSA. There are tests to determine which jobs are exempt. Jobs that are primarily supervisory are exempt. The situation that you describe is not that unusual. Some more enlightened companies do things to address the inequity to people in your situtuaton and some don't.
Does your company ever dock your pay for being late, taking time off during the day or leaving early? If so you have a case that they are treating you as a nonexempt employee and entilted to overtime.
PS the over 110 K doesn't have anything to do with though there are MINIMUM salaries for a job to be considered exempt.
2007-03-22 10:42:13 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The pay of salaried (exempt) employees is determined by the company. The amount per hour if an hourly, or non-exempt employee is also determined by the company as long as it does not go below minimum wage requirements, however, how it is paid is determined by the state. It see-sawed there for several years, but overtime has now reverted back to time accrued after 40 hours.
There is no maximum salary regulations, only minimum. Currently, the minimum salary requirement for exempt employees is between $900 and $1,150 per month (depending on the applicable wage order). This is tied to the minimum wage law. Exempt employees will be required to be paid at least twice the minimum wage for full time work (i.e., $1993.33 per month, $23,920 per year). Recently a law was enacted whereby requiring that computer professionals be paid a minimum of $41 per hour before they can be salaried.
2007-03-22 11:16:45 · answer #3 · answered by Venice Girl 6 · 0⤊ 0⤋
It has nothing to do with the individual making any set amount of money.
Depending on your title/role and what sector you work in, you may be an exempt employee. First, check the first link below to see if your title/job description is listed. If it is, look at the next column in the table and see which order may exempt you from the Overtime laws.
Second, check the second link and find the appropriate "order" that governs your industry, and read it.
If the order DOESN'T apply to you, your employer is required to pay you overtime. The third link will take you to that rule, and tell you what to do if you think you should be paid overtime but haven't been.
Good luck.
2007-03-22 11:27:04 · answer #4 · answered by Scotty Doesnt Know 7 · 0⤊ 0⤋
No, your HR department is wrong....there are no earnings limits on salaried personnel (you are considered salaried, being a supervisor, rather than hourly)
It is true that when you are salaried, you get paid a flat amount on payday - usually based on a yearly salary divided by 26 weeks. You MUST get this amount whether you work 20 hours a week or 80 hours a week. Your company cannot "dock" your pay if you are late, take a day off or anything else. Your pay remains the same.
California has a few extras in their labor laws, in addition to the U.S. Dept of Labor laws.
Here is the website - go to wage and hours and it will give you some really good information. Make sure you check the "exempt employees" section to make sure you fall under that description.
Don't let your employer take advantage of you.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm
2007-03-22 10:59:07 · answer #5 · answered by Anonymous · 0⤊ 0⤋
A salaried person is one who has management duties and is exempt from overtime pay.
I don't think there is anything about 110K or not.. that doesn't sound right to me.
Like the others, I would try to document your case and try to get a salary review. If not, see if you can become a worker bee like the others and get paid for the work you're doing.
2007-03-22 10:40:39 · answer #6 · answered by John T 6 · 1⤊ 0⤋
It's not illegal, but it's very strange. Weather a job is considered salary or hourly depends on how it's structured. You can find guidance in IRS publication 15 (Circular E). The only reason i can think of for that situation would be if she is actually performing two different jobs for your employer. I've seen it done; but it's unusual. Perhaps she is working her regular job and doing additional work on contract?
2016-03-29 00:02:04 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I work in California on a salary. My company pays straight time for overtime. You might ask your boss about this possibility.
2007-03-22 10:53:01 · answer #8 · answered by big_mustache 6 · 1⤊ 0⤋
I am saleried too and I have been in a similar situation. HR is correct. I live in CA
2007-03-22 10:52:15 · answer #9 · answered by Anonymous · 0⤊ 0⤋
No its not true, but your situation is perfectly leagal. Sounds like you need to renegotiate your salary
2007-03-22 10:36:05 · answer #10 · answered by Anonymous · 1⤊ 0⤋