salary vs hourly

[rmcnellis]

What is the name of your state? montana
is there a rule employers must follow regarding whether or not to classify an employee as hourly or salary? i mean, can they just say "minimum wage is X.XX and we are going to pay you a salary based on a 40 hour work week, so your monthly salary is equal to X.XX an hour times 160," or something like that? What if you are salary and they make you work like 90 hours a week - is there something to protect employees from being abused like that? also, can an employer deny a break to an employee? my employer's position is that breaks are a privelege and that they make revoke the privelege of a lunch break, smoke break, vacation, bathroom break at any time? my boss once told me to "s_ _ t in my pants if i had to, but don't leave this desk." i feel they really take advantage of my position as salary. can you help clarify this for me? if they can continue to abuse me the way they have and get away with it, i will definately be looking for another job. thank you.

 

[Beth3]

1. There has been a "rule" on which jobs may be classified as exempt and which must be classfied as non-exempt since the passage of the Fair Labor Standards Act in 1934.

2. Anybody can be paid on a salaried basis - that's just a pay method. If an employer wants to pay non-exempt employees on a fixed salary, they can do that, as long as those employees are also paid time and a-half for all hours actually worked in excess of 40 in each week.

3. There are no restrictions on how many hours an employee (whether exempt or non-exempt) can be required to work at the federal level and as far as I know, none at the State level. A few States have a reg that requires "one day of rest in seven" but that's it.

4. Whether breaks are mandated is a State law issue. I don't know what Montana's regs are on this but in the vast majority of States, breaks are not required for employees of 18 years of age and older.

What prevents employers from abusing their employees is that in most cases, managers and supervisors are decent people working for a living just like you are. Additionally, it's simply bad business to mandate employees work excessive hours and not provide any breaks because as you already know, they will lose their employees to other employers in the area with better work environments.

If you have questions about whether your employer is violating any laws by paying you a fixed salary and no OT, you may (and should) call your State's Department of Labor and inquire. While you're on the phone, you can also ask whether breaks are mandated in Montana.

 

[rmcnellis]

dept of labor not much help

To follow up . . . I called the Montana State Department of Labor and Industry. I asked the lady there how I would know if I was exempt or non-exempt. She asked if I was management - the answer is no. Then she sent me a "rule book" and a brochure which she was kind enough to highlight the pertinent sections in - however, it's all legal stuff and I don't get it so I thought maybe one of you guys could clear it up for me. The only items that may apply to me go like this: "an individual employed in a bona fide executive, administrative, or professional capacity, as these terms are defined by regulations of the commissioner, or in an outside sales capacity, as defined in 29 CFR 541.5," and also, "a salesperson, parts person, or mechanic paid on a commission or contract basis and primarily engaged in selling or servicing automobiles, trucks, mobile homes, recreational vehicles, or farm implements if the salesperson, parts person, or mechanic is employed by a nonmanufacturing establishment primarily engaged in the business of selling the vehicles or implements to ultimate purchasers." I am an automotive service consultant - I make appointments for customers, write repair orders, dispatch work to technicians and work with customers regarding repairs on their automobiles. What makes me curious is, I don't have any management title - my official title is "service advisor." I am not directly involved with repairing anything - that is a mechanic's job. I am not under contract nor do I receive commission, but I do get a bonus sometimes. What concerns me is that my company owns another location in the same town where they do the same work and they are union - we aren't. the service people there (except the mechanics and parts people) are not union. they should be in the union, but the owner changed their titles so that they did not have to join. If I am considered a non-exempt employee can they change my title to prevent me from getting overtime compensation? If you think I am an exempt employee, please tell me why. Thank you.