Never Been Paid Like THIS... Is it legal??

[melmel1277]

What is the name of your state (only U.S. law)? ILLINOIS

I have never been paid like this and I want to know if its legal or not..

I get paid $15/hr as a manager of two small cafes. This is what my pay stub looks like:

Earnings Rate Hours/Units This Period
Regular 10.50 80.00 840.00
Overtime 15.75 13.62 214.52
Bonus 0.00 360.00

Gross Pay $1414.52

I constantly work overtime... 10-15 hours per week. The owner does a base hourly wage for all employees if they make over $9.50/hr. If you put my "Regular" earnings plus my "Bonus" earnings, it always comes out to $15/hr. Yet, I only get over time pay based on the "Regular" earnings of $10.50. So, in reality, I am only making an extra $0.75 an hour extra to work overtime. I firmly believe I should get (and deserve) time and a half based on the $15 an hour. Is this legal? If so, why? If not, what do I do?

I hope all of this makes sense. Thanks for your help!!

 

[adjusterjack]

I suggest you study the US DOL website about wages and overtime pay.

http://www.dol.gov/dol/topic/wages/overtimepay.htm

Answers should be in there. If not, call them up.

Doesn't make much sense to try and explain it all when you can get it straight from the government website.

 

[ecmst12]

It certainly appears shady to me. You should discuss it with your STATE department of labor (much better than federal if it's an option, some states don't have one).

 

[melmel1277]

It certainly appears shady to me. You should discuss it with your STATE department of labor (much better than federal if it's an option, some states don't have one).

It does seem pretty shady doesn't it?? I have looked on all DOL sites (state and federal) and I can't find the info. I even tried calling but after waiting for 40 minutes I decided to hang up

 

[adjusterjack]

It does seem pretty shady doesn't it?? I have looked on all DOL sites (state and federal) and I can't find the info. I even tried calling but after waiting for 40 minutes I decided to hang up

I guess some of us are better at looking up stuff than others.

From the US DOL website:

"FLSA Overtime: Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay. There is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days."

http://www.dol.gov/whd/flsa/

From the Illinois Administrative Code:

Section 210.420 Regular Rate of Pay for Determination of Overtime

"a) Section 4a of the Act (FLSA) requires that overtime must be compensated at a rate not less than one and one-half times the regular rate at which the employee is actually employed."

http://www.ilga.gov/commission/jcar/admincode/056/056002100D04200R.html

Which means that Illinois follows the FLSA with regard to overtime.

Here is the IL DOL page about filing a wage claim:

http://www.illinois.gov/idol/FAQs/Pages/How-To-File-A-Claim.aspx

 

[FlyingRon]

No, they can't lower your pay to make the overtime fit if you are a non-exempt employee.

However, as a manager, you may indeed be exempt (they don't have to pay you overtime at all).

 

[LdiJ]

What is the name of your state (only U.S. law)? ILLINOIS

I have never been paid like this and I want to know if its legal or not..

I get paid $15/hr as a manager of two small cafes. This is what my pay stub looks like:

Earnings Rate Hours/Units This Period
Regular 10.50 80.00 840.00
Overtime 15.75 13.62 214.52
Bonus 0.00 360.00

Gross Pay $1414.52

I constantly work overtime... 10-15 hours per week. The owner does a base hourly wage for all employees if they make over $9.50/hr. If you put my "Regular" earnings plus my "Bonus" earnings, it always comes out to $15/hr. Yet, I only get over time pay based on the "Regular" earnings of $10.50. So, in reality, I am only making an extra $0.75 an hour extra to work overtime. I firmly believe I should get (and deserve) time and a half based on the $15 an hour. Is this legal? If so, why? If not, what do I do?

I hope all of this makes sense. Thanks for your help!!

I believe that its legal. He isn't paying you 15 dollars an hour, he is paying you 10.50 an hour or 15.75 for overtime. He is then giving you a bonus on top of your hourly rate.

I am not sure that you should rock the boat. A restaurant manager could legitimately be treated as exempt, and therefore not get paid anything for overtime.

 

[melmel1277]

I guess some of us are better at looking up stuff than others.

I am not sure why you have to comment like that...

As for everyone else, thanks for your help! I have worked for the company for 7 years but we recently changed ownership. I have always gotten paid over-time being a manager and always more than $10.50 an hour! I just came here to see if someone actually really knew the truth- I appreciate most of your answers. I will work with the DOL so I don't have to deal with negative comments from some anymore.


Thanks

 

[Zigner]

I believe that its legal. He isn't paying you 15 dollars an hour, he is paying you 10.50 an hour or 15.75 for overtime. He is then giving you a bonus on top of your hourly rate.

I am not sure that you should rock the boat. A restaurant manager could legitimately be treated as exempt, and therefore not get paid anything for overtime.

One doesn't receive a fixed "bonus" every single pay period. If it walks like a duck and quacks like a duck...The "bonus" isn't a bonus at all - it's part of his salary.

 

[melmel1277]

This is what I received from the DOL:

In general, Illinois is considered to be an “at will” state. As a result, unless discrimination is involved, the employer is free to hire and fire, discipline employees, set schedules, establish pay rates, determine work assignments and policies as they wish.



The Illinois Department of Labor enforces laws regarding some of the following issues: unpaid wages, including minimum wage and overtime claims; child labor and equal pay; prevailing wage violations, employee misclassification in the construction industry; and safety laws for public sector workers.



If you feel your civil rights have been violated you may contact the Department of Human Rights at 217-785-5100 or 312-814-6200

I think that is ridiculous and such a way to cheat an employee- especially, one that works their butt off. If that is the actual case, it seems that I have some job searching to do.

 

[LdiJ]

One doesn't receive a fixed "bonus" every single pay period. If it walks like a duck and quacks like a duck...The "bonus" isn't a bonus at all - it's part of his salary.

Quite a few people in my office do, however, they have voluntarily elected to have their bonus spread out over the year (or part of it) rather than getting it all at once. My bonus is literally half my yearly income, so I much prefer to have the bulk of it spread over the year.

 

[Zigner]

Quite a few people in my office do, however, they have voluntarily elected to have their bonus spread out over the year (or part of it) rather than getting it all at once. My bonus is literally half my yearly income, so I much prefer to have the bulk of it spread over the year.

In other words, you get a yearly bonus that you elected to have spread out over the year. That's not what's going on here. The OP is getting a "weekly bonus" of a fixed amount.

 

[melmel1277]

That is right Zigler! According to the DOL, I guess in IL a owner can pay you any way they see fit as long as it's minimum wage- because it is an "at will" state. That's what I took out of my above statement that the DOL emailed me. Maybe I am wrong?!? I just think that is wrong on so many levels... I just can see how this could be ok! Wouldn't more employers do this then to save money??

 

[melmel1277]

Sorry Zigner

 

[Zigner]

That is right Zigler! According to the DOL, I guess in IL a owner can pay you any way they see fit as long as it's minimum wage- because it is an "at will" state. That's what I took out of my above statement that the DOL emailed me. Maybe I am wrong?!? I just think that is wrong on so many levels... I just can see how this could be ok! Wouldn't more employers do this then to save money??

HOWEVER, they cannot violate overtime laws (Federal or State)