I get paid less than mininum wage, but I'm on salary.?

Question

Is that legal? I live in California, and I get paid salary. However, when I do the math and divide the hours by the amount I am paid per paycheck, it is less than minium wage. Can my employer do this to me just because I'm earning salary?

Ok, I am basing my math on a 40 hour work week. My job does offer benefits, but I do not have them because the premiums are too expensive.

Answer 1

Generally it is legal but it does depend on the type of job you are doing. This is because as a salary employee, if you work under 40 hrs per week you do not get docked. Not every salary employee gets salary only according to the department of labor.

Do yourself a favor, take a copy of your job description and go to the Dept of Labors website and confirm that you fit the bill for salary prior to filing a complaint. Here is where you can start.

http://www.dol.gov/dol/topic/wages/index.htm

Answer 2

No - must meet with minimum wage requirements.

However salary is based on 40 hour week, even though you may work 50 hours.

If you work over 50 hours, some states have it in the law that you have to be compensated at time and a half.

So - if you are making less than $206.00 per week gross - than you are being paid less than Federal minimum.

Answer 3

First of all in order to be paid as a salaried worker you either need to be in a professional job classification or supervising others. If you are not in one of those two categories under the department of labor laws you should be paid hourly.

If you are salaried, you must agree to the number of hours worked in relation to the salary being paid. If they are truly paying you below minimum wage they are violating your employment rights.

Answer 4

Be careful with what you think about employers. In California
where over 50% of paychecks are docked, the usual is you
bought insurance when you signed on. This costs over 45,000
per person in most jobs. This however covers all retirement,
job lay-offs, pregnancies, injuries, and often house payments.
These are called corporated benefits, the word benefit fits
loosely, do not get stuck on the street with the know it alls who
spend all their time in the alley complaining about rip off. The
employer is required to get you organized in this way. The truth
is a nicely behaved average worker, say for 20 years can go off
work on the family farm for 30 years and still collect retirement
from the investment monies approved by your employers sponsor. Minimum wages in itself, according to who, politicians are
often nasty, arrogant and off line with their personal glory, and
no such laws are approved, saying a lot of that is policy action.

Answer 5

Minimum wage applies only to hourly workers. Salaried workers get paid the same amount per pay period no matter how many hours they work.

Answer 6

Are you calculating that from the amount that goes into your bank account? Or the amount before taxes?

Don't forget, the government takes a lot of taxes. So you can't calculate what your earning based on the amount that gets deposited in your bank account.

Your salary is the amount of money you should get before taxes get taken away.

Answer 7

A word of caution if you are planning any action legal or labor board. Wait until you have another job and or off probation on that job

Answer 8

You know whats going on...You work there...

Do you have it in you to speak with them or go to the labor board. There could be a stipulation on that...So call the labor board and ask...Meanwhile...look for another job.

Go ask the people who can give you the real answer...Labor Board.....................

Answer 9

Go to the FLSA page, it should help answer your questions.