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Salary from hourly

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Bossman2378

Junior Member
What is the name of your state (only U.S. law)? OHIO. I have been working for same company for 39 years as a hourly employee. Now they want to put me on salary to keep overtime down, and it will be about 20000 less a year. I feel like I'm being pushed out the door, as I'm 58 years old. If I resign, what would the chances be I can get unemployment? Thank you
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? OHIO. I have been working for same company for 39 years as a hourly employee. Now they want to put me on salary to keep overtime down, and it will be about 20000 less a year. I feel like I'm being pushed out the door, as I'm 58 years old. If I resign, what would the chances be I can get unemployment? Thank you
What are your job duties. Not your title, but your actual duties. That is what determines whether you can be considered an "exempt" or "non-exempt" employee. In other words, just because you're on "salary" doesn't mean you aren't entitled to overtime.
 

Bossman2378

Junior Member
I usually get 5 to 10 hours in overtime biweekly. As we are understaffed and they schedule funerals late. Here is the thing, they said they will give me 4 hours a month overtime max. Even though I know I will be working more than that. And they want me to sign the paperwork when hr faxes it over
 

eerelations

Senior Member
The law requires your employer to pay you for all the hours you work, at straight time for hours worked up to 40 in any given week, and at time-and-a-half rates for every hour you work in excess of 40 in any given week. Contact the Ohio DOL about this. It is illegal for your employer to fire you for contacting the DOL.

And BTW, your chances of getting UI benefits for quitting over this a pretty low. I definitely don't recommend quitting.
 

commentator

Senior Member
Okay, here is a thing to remember. If you quit, and you are approved for unemployment benefits, it will take ten or twelve weeks to even begin to get them started, get a decision about whether you had a valid job related reason to quit the job. That long, in the very best case scenario, where you are qualified and are approved by decision before you would begin drawing. Then, your company can appeal again and you'll have to go through another hearing, and might be denied at this point. And if you were, you'd owe back anything you had drawn previously.

And if approved, (which means you set up for a claim monetarily, which your employer may or may not be considered a covered employer, that's the first big question) you will be drawing considerably less money than you would make working, anywhere, even at the reduced rate you have been offered as a salaried employee. In your state the max right now is about $435 a week.

And, at then end of a maximum of possibly 26 weeks, which is six months, that unemployment stops. Period. NO MORE, end of sentence, there are no extensions, there will be no consideration that you have not found another job or that you really really need the unemployment. It just stops.

While you are drawing benefits, IF you have been approved to draw benefits, as a low skilled older worker, you will be required to do a whole lot of weekly job searches, supervised by the agency and required for you to continue receiving benefits. What, reasonably, in your area, do you plan to find to do to replace your old job, having worked at it for this many years and being this old?

All that considered, if you quit, your chances of being approved for benefits are not very good. You will be responsible to prove to the unemployment agency that you had a significant change to your job situation, that you did not accept it, and that you had exhausted every other reasonable means of working things out with the employer before you quit.

If they were going to cut your hours to part time with no insurance benefits, for example, that would be more likely to be considered a significant change to your job. If they suddenly decided they were going to ask you to come in and start doing their bookkeeping, that would be a significant job change.

But even if they just up and cut your pay, think long and hard about quitting because of it. Employers are allowed to make changes to their employees wages "in the best interests of the business" and it is not considered a valid reason to quit your job in most cases. For example, if business is slow, they could lower your hourly rate but continue to give you hours, or they could put you on a set amount for the week, which is what it sounds like they're trying to do, with business being good and them forced to pay you lots of overtime.

As for the age discrimination aspect of the job, are they offering this same hourly to salary change to the other people who work with them? Are you their only older employee? In order to be age discrimination, as would be determined by the EEOC, there usually has to be evidence of what they call a "pervasive pattern" of age discrimination. And have you discussed this with the employer, have you told them you feel you are being treated differently because of your age? Are you still able to perform the work to their specifications? Are you doing your job adequately? There are many factors that would be involved in a complaint against them for age discrimination, and it will take even much longer than an unemployment decision to work them through and see if you do have a case.

If you speak with the Wage and Hour division of the department of labor in your state, they will be able to tell you exactly what the criteria would be for you to be a salaried employee, and what it would involve for the employer to be exempt from paying you overtime, If you are not being paid correctly, they will come in and investigate. You have more potential for working this out with your employer, in my opinion, than you do of being approved for unemployment insurance if you quit. It's rarely a good idea to quit, and remember, once unemployment is over, it's over, and then what will you do for a job?
 
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LdiJ

Senior Member
I usually get 5 to 10 hours in overtime biweekly. As we are understaffed and they schedule funerals late. Here is the thing, they said they will give me 4 hours a month overtime max. Even though I know I will be working more than that. And they want me to sign the paperwork when hr faxes it over
If they are not going to allow you to have more than 4 hours of overtime a month, then you should decline to work any overtime for which you will not get paid.
 

cbg

I'm a Northern Girl
If you work overtime for which you are not paid, you have legal recourse. If you refuse overtime on the basis that you don't believe you're going to be paid for it and you get fired, you do not. No law has been broken by the employer until you actually receive a paycheck that does not include all the time worked.

And please keep in mind that while the law requires you be paid for any overtime you work, no law requires that you be allowed to work overtime.
 

Bossman2378

Junior Member
I definitely do not want to quit. Its like a 20% pay cut. 82000 to 64000 is pretty hard pill to swallow, especially after 39 years, and this company buys it 15 years ago. Insurance hiked way up, number of workers went way down. Work duties out in the field increased. This is a 200 acre cemetery. And a huge company that owns it. I understand fully what your saying tho!
 

commentator

Senior Member
All they'd need to do is hire additional employees to work with you if you refuse overtime, and they'd end up giving you no overtime at all, and it's perfectly legal and there would be just about no chance of your being approved for unemployment if you quit or if they fired you because you were no longer getting overtime. It's that "they have a right to make decisions in the best interest of the business" thing. People just don't have as many rights and privileges on the job as they think they do. Employers have most of the control.

But seriously, at your age and stage in life, $60K+ is NOT bad, even if it used to be $80K+. I worked for many years with closures and people who'd totally lost those good jobs at 55+ years of age, and it can really get wicked bad when that happens.
 
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Bossman2378

Junior Member
My thing is this, why not just say no overtime. Just get your 40 hrs a week in. Why change me from hourly to salary? They have told other workers in the field this
 

Bossman2378

Junior Member
I guess most of it is that I've worked my ass off for all the promotions I've got. A lot of long work weeks. Through all seasons of the year. And no that means absolutely nothing to this company and for unemployment. Where is the respect in this world?
 

eerelations

Senior Member
Hourly and salary are just pay methods. Nothing illegal about changing you to a salaried pay method, as long as you still get paid for every hour you work.
 

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