salary or hourly

[Court Sloan]

What is the name of your state? Pennsylvania

Can an employer state that since you are salaried they can make you work ten hour days and not pay overtime? I work a blue collar custodial job. Yet if you come to work an hour late due to a visit to the doctor they expect you to make-up the missed time. This indicates to me an "hourly" position. Also, our pay slips indicate only a "rate" and does not list specific hours worked. Something seems fishy to me.

 

[I AM ALWAYS LIABLE]

What is the name of your state? Pennsylvania

Can an employer state that since you are salaried they can make you work ten hour days and not pay overtime? I work a blue collar custodial job. Yet if you come to work an hour late due to a visit to the doctor they expect you to make-up the missed time. This indicates to me an "hourly" position. Also, our pay slips indicate only a "rate" and does not list specific hours worked. Something seems fishy to me.

My response:

You're right, something is fishy. Why would a custodian have a blue collar? That sounds fishy to me.

Anyway, contributors CBG or Beth (or both) should be right along to help you. We'll help you figure out this problem about a blue collar.

IAAL

 

[cbg]

It's not just fishy - it's downright illegal.

Technically, it is NOT illegal to pay a blue-collar worker on a salaried basis, AS LONG AS they also pay any overtime that is due. But under the Fair Labor Standards Act is is exceedingly unlikely (to the point of near impossibility) that a blue collar job qualifies as an exempt employee, and if you are not an exempt employee, you MUST be paid at time and a half for any overtime you work. (That's what it means to be an exempt employee - you're exempt from overtime.) And under the Fair Pay Act, which goes into effect on August 23 (if Congress doesn't screw it up) there is NO possible way a blue collar position can be considered exempt. You mentioned a custodial position; under either the FLSA or the Fair Pay Act, that is going to be a non-exempt position, period. They CAN pay you on a salaried basis when you work 40 hours a week or less. They MUST pay you OT at the rate of time and a half any time you work more than 40 hours in a week.

It is NOT illegal for them to require you to make up missed time. It IS illegal for them to refuse to pay you overtime.

 

[krispenstpeter]

But under the Fair Labor Standards Act is is exceedingly unlikely (to the point of near impossibility) that a blue collar job qualifies as an exempt employee,

What about a Brook's Bros blue pinstrippted collar

 

[cbg]

Gotta watch out for those pinstripes.