Salaried maintenance

[Gettingshafted]

I live in Wisconsin and am a salaried maintenance person for a apartment owner . I am not in charge of anyone or anything other then regular upkeep and maintenance. Here's my problem I'm a salaried worker and am on call up to two times a month for a week at a time . Also am required to work weekends if they fall at the end of the month to get apartments ready for the next tenant. So I'm wondering if I would be considered non exempt and would in fact be eligible for overtime pay as I work holidays as well. Any help would be greatly appreciated.

 

[cbg]

You are almost certainly non-exempt and eligible for overtime. But not because of the hours that you work or the fact that you work holidays or weekends. You are almost certainly non-exempt because it is your job duties that determine if you are exempt or non-exempt and a maintenance worker's job duties are unlikely to qualify as exempt.

 

[Gettingshafted]

So I'm wondering what the best course of action would be to resolve my issue here.

 

[cbg]

It's always best to try to resolve it internally first. I would recommend talking to management and asking them, politely, under which of the FLSA exemptions they believe you fall. If you are unable to resolve it with them, your next step would be the state DOL.

 

[Gettingshafted]

On call pay

It's always best to try to resolve it internally first. I would recommend talking to management and asking them, politely, under which of the FLSA exemptions they believe you fall. If you are unable to resolve it with them, your next step would be the state DOL.

So now I have brought this to the attention of appropriate employee how long should I expect to wait for an answer before I take it to the DOL. Also I was wondering if you knew anything about being on call and being compensated for those hours as well even if I'm just sitting at home. I am not allowed to drink any alcohol and must be ready and available to go to any emergency calls asap. Any help would be greatly appreciated.

 

[cbg]

You do NOT have to be paid for on call time unless your time is what your state considers, "unduly restricted", which is a very hard standard to meet in this day of instant communication. Not being able to drink alcohol is not considered an unduly restriction anywhere. You do have to be paid if you are called in, but not while you're free to go about your own affairs with a cell phone in your pocket. Sorry, you lose on that one.

Before I address your question of "how long" tell me how it went when you talked to them. Did they seem responsive? Defensive? Interested?

 

[Gettingshafted]

now their upset

You do NOT have to be paid for on call time unless your time is what your state considers, "unduly restricted", which is a very hard standard to meet in this day of instant communication. Not being able to drink alcohol is not considered an unduly restriction anywhere. You do have to be paid if you are called in, but not while you're free to go about your own affairs with a cell phone in your pocket. Sorry, you lose on that one.

Before I address your question of "how long" tell me how it went when you talked to them. Did they seem responsive? Defensive? Interested?

So I was called by my boss today and told that someone left a message asking about overtime exemptions and now they got lawyers involved and now know that they have no choice but to pay us overtime. He did not seem very happy when I told him it was me and that I was just looking out for the best interest of the employees well he said he was already doing that however in the past when I brought it to his attention he seemed to just blow it off so I took it upon myself to do it . They are a very sneaky company and am almost certain they will be looking to get rid of me. Anyway how long will I expect to wait to be paid what is owed to me and can I expect triple time for working a holiday

 

[cbg]

I have absolutely no idea how long it will be before you receive your overtime. I have no idea how many calculations are involved or what kind of changes need to be made to Payroll's systems or any of the variable factors that go into making this change.

NO, you are absolutely not by any law entitled to triple time for working on a holiday. You are not entitled to double time or even time and a half. Under no law, Federal or state, in any state except Massachusetts and Rhode Island, does the law require that you be paid a premium of any kind for working on a holiday. And even in MA and RI, the premium pay is only due on some holidays and in some industries. I believe there may be a few states (CT comes to mind) where public employees are entitled to premium for holidays but for private employers, no.

Now, if you have a union or other contract that says you get premium pay working on a holiday, that's fine. But the law for private employers considers a holiday just the same as any other day for wage purposes.

 

[Gettingshafted]

You are awesome

Thank you ever so kindly for all your input and helping a guy out it is greatly appreciated on all levels . Thanks for being you your a great person.

 

[cbg]

Thanks for the thanks.

Good luck to you.

 

[Gettingshafted]

New isdue

So my employer now is paying overtime however he is only paying current overtime no compensation for past overtime and rate of .5 not time and a half. My salaried contract is for 40 hours a week . From what I've read they are not paying me correctly or at least it's not my understanding .Any info would be greatly appreciated.

 

[cbg]

If you do not believe you are being paid correctly and you cannot reach an agreement with your employer, call the state DOL.

 

[commentator]

And whatever else you do, while you are still employed here, you should be looking for another job to begin as soon as possible. Hanging yourself out to be the one who raised heck with them and got them forced to change the way they paid you isn't a good place to be in the world of work. You'd better be irreplaceable and necessary to them in every way.

Call the D.O. L. and ask about the way you are getting paid now if you want to, and if they have to pay you back for time you have been incorrectly paid in the past, etc. But do not tell the company you are the one who called the DOL. They (DOL) will not come in and announce that they are being called in by employee Joe Blow. It's your talking that will tell the employer who called. And of course, they won't say they're terminating you for that reason, but they will, if they get mad enough in your at will state, find some other reason to let you go.