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Long Term Disability

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rain819

Junior Member
What is the name of your state (only U.S. law)? MO

I am now on long term disability. I was a manager for a restaurant for many years. As a manager you are REQUIRED to work 50 hrs. a week. But of course, because of IRS laws they show this on your pay check as 40 hrs reg time, and 10 hrs overtime. Now I am supposed to recieve 60% of my gross income but they will not count what they call overtime. When you are REQUIRED as a manager to work 50 hrs how can they get by with this. Is this not against the law. Just because IRS requires it to be stated as overtime you aare not really working overtime you are working you required hours. Can they do this to me?
 


cbg

I'm a Northern Girl
If you are a salaried exempt employee, then your understanding of the IRS regs is incorrect. The IRS regs do NOT say that your hours must show as 40 hours regular and 10 hours overtime. It is possible that your employer's payroll software defaults to that, but it is not an accurate presentation of an exempt employee's pay.

A salaried exempt employee is NEVER entitled to be paid overtime, regardless of how many hours they work, and regardless of how the hours are shown on their paystub.

Now, all of that being said, are you paid on an hourly or a salaried basis? I'm going somewhere specific with this.
 

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