Money What Are The Laws On Salary and Overtime?

MTG#10 · 05-22-2008, 02:44 PM

At my place of employment, I am paid a set salary for a delivery route I run. Ive been there almost six years now. During the six years, if I busted my ass and finished early, I got to go home. If my truck broke down, or something else slowed me down and I finished late, tough shit - no extra pay. They pay me based on what they say is supposed to be a 50 hour/week route. But to get out of paying me overtime, they put on my check that I work 40 hours then the extra money for the supposed 10 extra hours is labeled "supplement pay" and say I am payed salary.

Lately because of the economy and gas prices, they are becoming major tight-asses and expect us to stay and do other things if we finish early. Basically they want to have their cake and eat it too. We're hourly if we finish early, but if we finish on time or late we're salary. Does anyone know if this is legal? Im tempted the next time I finish early to tell them if they want me to stay to complete my 10 hour day, they need to start paying me overtime pay.

beach tribe · 05-22-2008, 02:45 PM

If your on salary there is no overtime.

EDIT: Yhey cannot pay you by the hour if you're salary. You're not on a salary. You're getting bent over.

MTG#10 · 05-22-2008, 02:46 PM

Quote:

Originally Posted by beach tribe

If your on salary there is no overtime.

I realize that, but if you're on salary can they make you stay a set number of hours? I thought salary was based on a daily job you do, if you finish early no loss in wage and if you finish late no gain in wage.

**OnTheWarpath15** · 05-22-2008, 02:47 PM

It'd be funny if you work for Cintas uniform company, because that sounds EXACTLY the way they have always operated - and I left them over it.

If you're that unhappy about it, start quietly looking for other employment, because I seriously doubt you'll get anywhere with any complaints you make.

JMO.

**chasedude** · 05-22-2008, 02:47 PM

I'm a salaried employee here. I've been told in the past that I am only required to be "at work" 30 mins in order to get paid for the whole day (by law). I of course don't do that, I have too much work to do.

I do about the same as you, it's not busy I leave early. My server crashes on me and I have to be here until midnight to get it up, I do that too.

MTG#10 · 05-22-2008, 02:49 PM

Quote:

Originally Posted by OnTheWarpath58

It'd be funny if you work for Cintas uniform company, because that sounds EXACTLY the way they have always operated - and I left them over it.

If you're that unhappy about it, start quietly looking for other employment, because I seriously doubt you'll get anywhere with any complaints you make.

JMO.

No I dont work for a uniform company.

**CrazyPhuD** · 05-22-2008, 02:50 PM

Well the only question is if you are exempt or not. My first pass on this was that you aren't exempt because you're not doing management or 'creative' work...

However looking at the DOL website....

http://www.dol.gov/elaws/esa/flsa/screen75.asp

Quote:

Local delivery drivers and driver's helpers - OT

If you are doing local delivers then yes you likely can be exempt and are SOL. Your employee sets your job and expectation. Unfortunately if you don't like it the only thing you can do is talk to them about it...or quit....

**mikeyis4dcats.** · 05-22-2008, 02:53 PM

rules may vary by state.

salary does not always mean overtime is not payable.

Those with a "professional" classification (per the IRS/DOL) are not subject to OT.

Check with your local Wage and Hour office at the DOL.

Amnorix · 05-22-2008, 02:58 PM

The issue re: exempt is correct. If you are exempt, then you are out of luck regarding overtime pay regardless of whether the employer makes you stay X hours or not.

**Mr. Flopnuts** · 05-22-2008, 03:49 PM

Quote:

Originally Posted by MTG#10

I realize that, but if you're on salary can they make you stay a set number of hours? I thought salary was based on a daily job you do, if you finish early no loss in wage and if you finish late no gain in wage.

Check MO law, but WA says if you work consistantly over the amount of hours agreed upon in your salary the employer is liable for overtime pay. The amount of hours agreed upon should be listed on your paystub. Good luck.

**Rain Man** · 05-22-2008, 04:24 PM

Quote:

Originally Posted by Amnorix

The issue re: exempt is correct. If you are exempt, then you are out of luck regarding overtime pay regardless of whether the employer makes you stay X hours or not.

Yeah, if you're salaried they can set the hours. If you don't like them, you can quit.

I do not understand at all how the government operates. They tell you who's hourly and who's salaried, and then they say, "Go ahead and kill the salaried people if you want, but you aren't laying a finger on the hourly people."

And then some of the salaried people don't get economic stimulus checks to boot.

Mosbonian · 05-22-2008, 05:02 PM

Quote:

Originally Posted by MTG#10

No I dont work for a uniform company.

What is wrong with uniform companies?

mmaddog
*******

MTG#10 · 05-22-2008, 05:11 PM

Quote:

Originally Posted by mmaddog

What is wrong with uniform companies?

mmaddog
*******

I dont know, I didnt say there was. He asked if I worked for Cintas. However, I actually know several people who has worked for Cintas, Unifirst, and Ameripride and they all hated their jobs.

**Rain Man** · 05-22-2008, 05:13 PM

Quote:

Originally Posted by MTG#10

I dont know, I didnt say there was. He asked if I worked for Cintas. However, I actually know several people who has worked for Cintas, Unifirst, and Ameripride and they all hated their jobs.

Uniform companies...they're all the same.

ClevelandBronco · 05-22-2008, 05:17 PM

Quote:

Originally Posted by Rain Man

Uniform companies...they're all the same.

Don't skip over this post.

05-22-2008, 02:44 PM
MTG#10 Mammoth penis Join Date: May 2006 Location: Springfield Casino cash: $7514386	What Are The Laws On Salary and Overtime? At my place of employment, I am paid a set salary for a delivery route I run. Ive been there almost six years now. During the six years, if I busted my ass and finished early, I got to go home. If my truck broke down, or something else slowed me down and I finished late, tough shit - no extra pay. They pay me based on what they say is supposed to be a 50 hour/week route. But to get out of paying me overtime, they put on my check that I work 40 hours then the extra money for the supposed 10 extra hours is labeled "supplement pay" and say I am payed salary. Lately because of the economy and gas prices, they are becoming major tight-asses and expect us to stay and do other things if we finish early. Basically they want to have their cake and eat it too. We're hourly if we finish early, but if we finish on time or late we're salary. Does anyone know if this is legal? Im tempted the next time I finish early to tell them if they want me to stay to complete my 10 hour day, they need to start paying me overtime pay.
Posts: 11,429

05-22-2008, 02:45 PM	#2
beach tribe Keep doubting J MFing Houston Join Date: May 2007 Location: ft.lauderdale Casino cash: $4808036	If your on salary there is no overtime. EDIT: Yhey cannot pay you by the hour if you're salary. You're not on a salary. You're getting bent over.
Posts: 21,429

05-22-2008, 02:47 PM	#4
OnTheWarpath15 MVP Join Date: Sep 2005 Casino cash: $4901115	It'd be funny if you work for Cintas uniform company, because that sounds EXACTLY the way they have always operated - and I left them over it. If you're that unhappy about it, start quietly looking for other employment, because I seriously doubt you'll get anywhere with any complaints you make. JMO.
Posts: 60,264

05-22-2008, 02:47 PM	#5
chasedude Supporter Join Date: Sep 2005 Location: St. Joe Casino cash: $10004900	I'm a salaried employee here. I've been told in the past that I am only required to be "at work" 30 mins in order to get paid for the whole day (by law). I of course don't do that, I have too much work to do. I do about the same as you, it's not busy I leave early. My server crashes on me and I have to be here until midnight to get it up, I do that too.
Posts: 36,287

05-22-2008, 02:53 PM	#8
mikeyis4dcats. Scarlett Johansson's boytoy Join Date: Nov 2006 Casino cash: $9555998	rules may vary by state. salary does not always mean overtime is not payable. Those with a "professional" classification (per the IRS/DOL) are not subject to OT. Check with your local Wage and Hour office at the DOL.
Posts: 12,526

05-22-2008, 02:58 PM	#9
Amnorix In BB I trust Join Date: May 2003 Location: Boston, Mass. Casino cash: $10029808	The issue re: exempt is correct. If you are exempt, then you are out of luck regarding overtime pay regardless of whether the employer makes you stay X hours or not. __________________ "I love signature blocks on the Internet. I get to put whatever the hell I want in quotes, pick a pretend author, and bang, it's like he really said it." George Washington
Posts: 43,125