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| *Ostroff, Fair and Company>>>Law & Legal |
My bf is in pest control he says they all pay hourly salary, hourly if you miss but no overtime? Is this legal |
he is paid salary, unless he misses a day of work then they deduct money from his check or if he misses a few hours they will break out what he would be paid hourly and take that away. I just took and HR Class and I am under the impression that if you are salary you can't loose pay for missing work and if you can then you must be paid overtime. They don't pay overtime? SIMPLE ANSWER: If he's a tech in pest control, he should be hourly (unless he's a supervisor, then he's more than likely an exempt employee and they can work him all they want) and should be getting OT, but no, he shouldn't be getting paid for time he isn't working. I soooo don't like to just be confrontational, so please know that I'm not trying to come across that way - but there are a lot of misconceptions about the law and almost every person here answered based on what they "think" they know and not on what is actually legal, so just to clarify because these are such common issues... 1) CONTRACTS vs. EMPLOYMENT AT WILL: Just because someone is "salary" does not mean they sign a contract. Almost every state is employment at will and only certain positions (i.e. unions, teachers, railroads, execs, sales, etc...) sign an employment "contract" and it's usually to protect the employer as much as it is the employee. Otherwise, you are an "at-will" employee and that is a completely different set of laws than how you get paid. 2) SALARY MYTH: Employees are either "exempt" (salary) or "non-exempt" (hourly), but there are some employers who will pay someone who is technically in a non-exempt position as if they are salary (like this one sounds like they are trying to do), regardless of hours worked. DOL isn't going to punish these employers for being generous if they are paying employees a set wage and only working 30 hours one week instead of 40... HOWEVER - there are employers who will work you over 40 hours and call you salary (even though you should be an hourly employee) and don't pay OT, so YES that is when the employer is violating wage and hour laws and when you should be raising a stink... but again, if your bf isn't at work, I can't have much sympathy for him not getting paid for not working. (Just a note... exempt implies "exempt from overtime" so the whole premise of the law is to keep employers from misclassifying someone as "salary" to keep from paying overtime. There are both civil (up to $1000 each) and criminal penalties (up to $10K each), as well as DAILY fines for non-compliance & non-payment of wages due. So if this is the case - then he has a claim to file with DOL and he can still be employed to do it. If they fire him, then he'll potentially also have a claim for retaliation) 3) DEDUCTIONS FROM PAY: Are legal, even if you are a salaried, exempt employee for a variety of reasons - including missing work. These will have some variations at the state level, but from a federal standpoint (i.e. FLSA), you CAN be a salaried, exempt employee but if you miss a day or more and you don't have paid time off (i.e. holiday, sick, vacation) to cover that time - guess what - your employer doesn't have to pay you for not coming to work! The catch is they can't do it in half-day increments like a lot of employers do - BUT in this particular example, because a pest tech is a non-exempt position, they can break out his hours missed and just pay him for hours worked even though they are calling him salaried. By DOL's standards, he is most likely not truly an exempt employee. Hope this helps... feel free to email me if you need additional clarification... it's a lot to absorb & this is already too long! Source(s): www.dol.gov they are scewing him. They are trying to ride both sides of the fence and that is not legal. if you are on salary, its the same thing every week no matter what. As long as the job gets done. What they are asking him to accept is not legal unless he has a contract contrary to accepted practices of salaried employees. I am an operations manager. What they are saying is there is a lot of driving on this job and we are not going to pay you over time to drive back at the end of the day. They will give him so many jobs right. Try to get him to work very fast and do a lot in one day, Often leaving him far from home or the office. So he is driving back after hours on his own time. If he's a salaried employee he's probably signed a contract at the beginning of his employment. He didn't read the fine print and that's his own fault. No, salaried employees do not get overtime. It's completely legal. And yes, if it's in the paperwork he signed they may be allowed to deduct his pay. He shouldn't be missing work anyway. EDIT: For those of you who have "thumbs down" my answer, please read the whole thing the way it is written. I.E. Probably and may have are not DID and ARE. |
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