Set Salary

[kandiloo333]

I talked to the boss, and it's all worked out now. I was simply just asking them how it was being calculated and I wasn't getting the same calculation result.

But I think I upset the girl who got me this job originally. She knew I needed work and I was living at her house over Xmas because I was homeless. She works at the same company and is the daughter of the boss. She sounds really mad at me so I don't know if I should talk to her about it. She said the "subject is now closed" after she sent me a link to the correct 29 CFR 541.602(b)(6) information. We're suppose to be friends.

 

[cbg]

When I asked the company, they said that it was because I didn't start at the company until Jan. 30th. But I thought salary was always set for the pay period no matter what. Can any links or documentation be provided to back this up?

You are wrong.

There are several times when a salary can be changed. One of them is the first or last week of employment if you did not work the entire pay period. They do not owe you for any time prior to when you began working for them, even if you are on salary.

And here you are, straight from the DOL:

http://webapps.dol.gov/elaws/whd/flsa/overtime/cr4.htm

 

[cbg]

Well no one explained it to me when I first got hired. Before I was always paid weekly whenever on salary.
And I only emailed HR and told them that they had to follow the labor laws. I think it's all cleared up now.

Nearly 40 year HR person here - you ever did this to me, over something as basic as this, and while I *probably* wouldn't fire you right out of the gate, you would darned certain have painted a target on your back. Telling your employer that they're not following labor laws ESPECIALLY when you are quite, quite wrong about what the law says, is definitely a poor career move.

 

[adjusterjack]

I talked to the boss, and it's all worked out now. I was simply just asking them how it was being calculated and I wasn't getting the same calculation result.

But I think I upset the girl who got me this job originally. She knew I needed work and I was living at her house over Xmas because I was homeless. She works at the same company and is the daughter of the boss. She sounds really mad at me so I don't know if I should talk to her about it. She said the "subject is now closed" after she sent me a link to the correct 29 CFR 541.602(b)(6) information. We're suppose to be friends.

Wow. Talk about biting the hand that feeds you.

From now on, keep your head down, your mouth shut, do your work, and hope this all blows over.

Meantime, buy the girl some flowers and a box of Godiva Chocolates and profusely apologize for your faux pas (that's French for colossal blunder).

 

[eerelations]

But I think I upset the girl who got me this job originally. She knew I needed work and I was living at her house over Xmas because I was homeless. She works at the same company and is the daughter of the boss. She sounds really mad at me so I don't know if I should talk to her about it. She said the "subject is now closed" after she sent me a link to the correct 29 CFR 541.602(b)(6) information. We're suppose to be friends.

Well of course she's upset! She recommended you for a job and you responded by publicly behaving like a rude, entitled little special snowflake at her workplace. She's now probably wondering if everyone there thinks she's a rude, entitled little special snowflake too.

And talking to her after she's said the subject is closed? More rude, entitled little special snowflake behaviour! She's the daughter of the boss for effs sake! It's not enough to have painted a target on your back, you really do want to get fired!

Finally, whether or not you bother her any more with this, I think that friendship you had with her is pretty much over.

 

[CTU]

Well of course she's upset! She recommended you for a job and you responded by publicly behaving like a rude, entitled little special snowflake at her workplace. She's now probably wondering if everyone there thinks she's a rude, entitled little special snowflake too.

And talking to her after she's said the subject is closed? More rude, entitled little special snowflake behaviour! She's the daughter of the boss for effs sake! It's not enough to have painted a target on your back, you really do want to get fired!

Finally, whether or not you bother her any more with this, I think that friendship you had with her is pretty much over.

I have never loved you more than I do right now

 

[kandiloo333]

This was my initial email to HR/Payroll. I was not rude or mean. Simply asking.

ME: Hi Jennifer
I recieved my paycheck and want to ask a question thought I was having a salary $1050 per pay check this paycheck is for $872.64 that mean I am getting about $11.50 hour. Just confused
Thank you Jennifer.

PAYROLL: Your hourly rate is $12.12/hr= $2100/mo, How did you get $11.5/HR??
$1050 will be covering from 1/25 to 2/9, and you said you started from 1/30, right? Next time $1050 will be covering 2/10 to 2/24/17 if you don’t miss any days. thank you.

ME: Jennifer salary is a straight each pay $1,050 so I am now altura confused. Next pay with the way your doing it you will owe me more then $1,050 Think its time we need a meeting not trying to be mean but if we have salary its salary meaning each pay is set. I am going to look up stuff too. Thanks Jenny.

PAYROLL: Which part you got confused? Did you mean if you paid by salary, no matter of how many days you miss for the period you still get fixed pay? Is that what you mean? Please let me know your question. It’s always ok to ask.

ME: Dear Jennifer,
Have done alot of research on USA Federal Labor Laws this weekend and talked with an old boss concerning this pay received Feb 10, 2017. This is the Labor and Pay Laws for you to please read. I be presenting this to Mr. Smith during our morning meeting in the next few minutes he is on his way to office now.

******************
Then my friend who got me the job sent me an email. I feel that when she told me to stop bothering HR/Payroll with my questions, wouldn't that be considered created a "hostile" environment? Shouldn't I be going to HR with my questions?

FRIEND:
Hi Kandiloo333,

I heard there was some confusion with your first paycheck.
We have spoken with our CPA, payroll, and have also done our own research regarding prorated salary. So don't worry, we are not short-paying you. We have been in business for over 30 years so we definitely understand how payroll and salary works. Please do not bother Jennifer about labor laws or what not, she has been with the company for 15+ years and is experienced at doing her job correctly.
Your start date was Jan. 30th Monday. You did not start on 1/25th Wednesday, you only went to pick up the keys, then you were not there on Thursday or Friday.
According to Fair Labor Standards Act, we are to prorate the amount by that time frame, and NOT the entire pay period since it is just your starting week.
I hope you understand this and will not create more trouble and confusion for Jennifer.
You have only been working for 2 weeks and have already mentioned labor laws twice. This leaves a very bad taste in people's mouths and makes people uncomfortable. You know how much I dislike drama or games being played. I hope you appreciate that I am trying to help you and I put in a good word for you to help you get back on your feet.

ME:
Penny,
We are good friends but salary pay is a set amount per pay that means per month is $2,100.00 which means pay is $1,050 per check. Thats it. I never talked to you about it I talked to Jennifer who does account. I am not going to feel bad or frustrated about anything. These are the facts.

FRIEND:
LINKED FACT: 29 CFR 541.602(b)(6)

Scroll down to Subpart G - Salary Requirements, then click on §541.602 - Salary basis, and scroll down to section (B) Exceptions, part (6).
"(6) An employer is not required to pay the full salary in the initial or terminal week of employment. Rather, an employer may pay a proportionate part of an employee's full salary for the time actually worked in the first and last week of employment. In such weeks, the payment of an hourly or daily equivalent of the employee's full salary for the time actually worked will meet the requirement. However, employees are not paid on a salary basis within the meaning of these regulations if they are employed occasionally for a few days, and the employer pays them a proportionate part of the weekly salary when so employed."
I don't believe it needs to be explained by anyone. It's common sense. That's it. Period.

ME:
Jennifer and Penny
When I have worked previously at salary pay it was on a weekly pay. So let me say weekly to me was Jan 30-February 3 2017 that would be the first week
February 6-February 10 2017 was second week. Then when I send the Federal Labor Law print out was to show what salary pay meaning stated. Not that I was filling or calling or anything about lawyers Etc. just to understand what salary meaning was.

FRIEND:
Well, it doesn't really matter if it's weekly, biweekly, monthly or whatever, the result is still the same.

When we reply to let you know that the information you were providing was incorrect and you continued to argue it, that paints a completely different story.

This subject is now closed.

ME: Penny, stop, your Dad and I talked he herd my side fully understsnds everything and understand what i was wanting a final equation which was never explained or shown to me on how it was added up. When i did my own math it eas never adding to Jennifers equation. All is good here.

FRIEND:
Kandiloo333, pls don't tell me to "stop". All may be good over on your end now, but I want you to know that you caused a lot of headache and annoyance here behind the scenes.
You owe Jennifer and I an apology for your emails and your tone which you have yet to acknowledge. Jennifer did the math for you, you still didn't believe her. The math was done for you on the paystub, you still insisted it was wrong. Then I personally emailed you to explain it. You still insisted that you were right. It is all very transparent now.

I do NOT want to discuss this with you any further. I am not going to feel bad or frustrated about anything. These are the facts. That's it.

*******************

So Penny is mad at me but I think I am okay with my job right now. It's only been two weeks. They can't fire me for this reason. It would be unlawful termination.

 

[Zigner]

They can't fire me for this reason. It would be unlawful termination.[/B]

Yes, they can fire you. No, it wouldn't be unlawful termination. You really have no clue.

 

[CTU]

This was my initial email to HR/Payroll. I was not rude or mean. Simply asking.

ME: Hi Jennifer
I recieved my paycheck and want to ask a question thought I was having a salary $1050 per pay check this paycheck is for $872.64 that mean I am getting about $11.50 hour. Just confused
Thank you Jennifer.

PAYROLL: Your hourly rate is $12.12/hr= $2100/mo, How did you get $11.5/HR??
$1050 will be covering from 1/25 to 2/9, and you said you started from 1/30, right? Next time $1050 will be covering 2/10 to 2/24/17 if you don’t miss any days. thank you.

ME: Jennifer salary is a straight each pay $1,050 so I am now altura confused. Next pay with the way your doing it you will owe me more then $1,050 Think its time we need a meeting not trying to be mean but if we have salary its salary meaning each pay is set. I am going to look up stuff too. Thanks Jenny.

PAYROLL: Which part you got confused? Did you mean if you paid by salary, no matter of how many days you miss for the period you still get fixed pay? Is that what you mean? Please let me know your question. It’s always ok to ask.

ME: Dear Jennifer,
Have done alot of research on USA Federal Labor Laws this weekend and talked with an old boss concerning this pay received Feb 10, 2017. This is the Labor and Pay Laws for you to please read. I be presenting this to Mr. Smith during our morning meeting in the next few minutes he is on his way to office now.

******************
Then my friend who got me the job sent me an email. I feel that when she told me to stop bothering HR/Payroll with my questions, wouldn't that be considered created a "hostile" environment? Shouldn't I be going to HR with my questions?

FRIEND:
Hi Kandiloo333,

I heard there was some confusion with your first paycheck.
We have spoken with our CPA, payroll, and have also done our own research regarding prorated salary. So don't worry, we are not short-paying you. We have been in business for over 30 years so we definitely understand how payroll and salary works. Please do not bother Jennifer about labor laws or what not, she has been with the company for 15+ years and is experienced at doing her job correctly.
Your start date was Jan. 30th Monday. You did not start on 1/25th Wednesday, you only went to pick up the keys, then you were not there on Thursday or Friday.
According to Fair Labor Standards Act, we are to prorate the amount by that time frame, and NOT the entire pay period since it is just your starting week.
I hope you understand this and will not create more trouble and confusion for Jennifer.
You have only been working for 2 weeks and have already mentioned labor laws twice. This leaves a very bad taste in people's mouths and makes people uncomfortable. You know how much I dislike drama or games being played. I hope you appreciate that I am trying to help you and I put in a good word for you to help you get back on your feet.

ME:
Penny,
We are good friends but salary pay is a set amount per pay that means per month is $2,100.00 which means pay is $1,050 per check. Thats it. I never talked to you about it I talked to Jennifer who does account. I am not going to feel bad or frustrated about anything. These are the facts.

FRIEND:
LINKED FACT: 29 CFR 541.602(b)(6)

Scroll down to Subpart G - Salary Requirements, then click on §541.602 - Salary basis, and scroll down to section (B) Exceptions, part (6).
"(6) An employer is not required to pay the full salary in the initial or terminal week of employment. Rather, an employer may pay a proportionate part of an employee's full salary for the time actually worked in the first and last week of employment. In such weeks, the payment of an hourly or daily equivalent of the employee's full salary for the time actually worked will meet the requirement. However, employees are not paid on a salary basis within the meaning of these regulations if they are employed occasionally for a few days, and the employer pays them a proportionate part of the weekly salary when so employed."
I don't believe it needs to be explained by anyone. It's common sense. That's it. Period.

ME:
Jennifer and Penny
When I have worked previously at salary pay it was on a weekly pay. So let me say weekly to me was Jan 30-February 3 2017 that would be the first week
February 6-February 10 2017 was second week. Then when I send the Federal Labor Law print out was to show what salary pay meaning stated. Not that I was filling or calling or anything about lawyers Etc. just to understand what salary meaning was.

FRIEND:
Well, it doesn't really matter if it's weekly, biweekly, monthly or whatever, the result is still the same.

When we reply to let you know that the information you were providing was incorrect and you continued to argue it, that paints a completely different story.

This subject is now closed.

ME: Penny, stop, your Dad and I talked he herd my side fully understsnds everything and understand what i was wanting a final equation which was never explained or shown to me on how it was added up. When i did my own math it eas never adding to Jennifers equation. All is good here.

FRIEND:
Kandiloo333, pls don't tell me to "stop". All may be good over on your end now, but I want you to know that you caused a lot of headache and annoyance here behind the scenes.
You owe Jennifer and I an apology for your emails and your tone which you have yet to acknowledge. Jennifer did the math for you, you still didn't believe her. The math was done for you on the paystub, you still insisted it was wrong. Then I personally emailed you to explain it. You still insisted that you were right. It is all very transparent now.

I do NOT want to discuss this with you any further. I am not going to feel bad or frustrated about anything. These are the facts. That's it.

*******************

So Penny is mad at me but I think I am okay with my job right now. It's only been two weeks. They can't fire me for this reason. It would be unlawful termination.

ROFL ROFL ROFL Gurl! You ARE trolling. You have GOT to be trolling. NOBODY is this stupid.

(hint: oh, you can indeed be fired - legally - for ... well, everything you did here, actually)

(bonus hint: not a hostile work environment, either, Trolly)

 

[kandiloo333]

I am not a troll. This really happened. I'm not lying. I copied everything over exactly how it was, maybe just changed a few names, but it's all true.

I just want to make sure that I understand it all now since the company never explained it to me at the beginning.

 

[cbg]

No, sweetheart, firing you for being a rude little **** and demanding that you be paid time you did not earn and were not owed because of your incorrect understanding of labor laws would NOT be an unlawful termination. That is just as much a mistake as your belief that they owed you pay for time you did not work in your first week of employment.

And yes, you were rude.

I don't know if you WILL be fired, but make no mistake, little girl, you definitely CAN be fired, and it will not be at all unlawful.

May I suggest that next time you ask BEFORE you run your mouth off?

 

[CTU]

I am not a troll. This really happened. I'm not lying. I copied everything over exactly how it was, maybe just changed a few names, but it's all true.

I just want to make sure that I understand it all now since the company never explained it to me at the beginning.

My crystal ball tells me you will be out of a job by the end of next week at the latest, and then you'll be back here asking how to sue them for wrongful term.

Our response will be: This is not a wrongful termination. And before you start, you also do not have a HWE (hostile work environment which means something very specific under the law).

You're welcome. Please tip your server. Wait ... tip yourself.

 

[eerelations]

This was my initial email to HR/Payroll. I was not rude or mean. Simply asking.

ME: Hi Jennifer
I recieved my paycheck and want to ask a question thought I was having a salary $1050 per pay check this paycheck is for $872.64 that mean I am getting about $11.50 hour. Just confused
Thank you Jennifer.

PAYROLL: Your hourly rate is $12.12/hr= $2100/mo, How did you get $11.5/HR??
$1050 will be covering from 1/25 to 2/9, and you said you started from 1/30, right? Next time $1050 will be covering 2/10 to 2/24/17 if you don’t miss any days. thank you.

ME: Jennifer salary is a straight each pay $1,050 so I am now altura confused. Next pay with the way your doing it you will owe me more then $1,050 Think its time we need a meeting not trying to be mean but if we have salary its salary meaning each pay is set. I am going to look up stuff too. Thanks Jenny.

PAYROLL: Which part you got confused? Did you mean if you paid by salary, no matter of how many days you miss for the period you still get fixed pay? Is that what you mean? Please let me know your question. It’s always ok to ask.

ME: Dear Jennifer,
Have done alot of research on USA Federal Labor Laws this weekend and talked with an old boss concerning this pay received Feb 10, 2017. This is the Labor and Pay Laws for you to please read. I be presenting this to Mr. Smith during our morning meeting in the next few minutes he is on his way to office now.

******************
Then my friend who got me the job sent me an email. I feel that when she told me to stop bothering HR/Payroll with my questions, wouldn't that be considered created a "hostile" environment? Shouldn't I be going to HR with my questions?

FRIEND:
Hi Kandiloo333,

I heard there was some confusion with your first paycheck.
We have spoken with our CPA, payroll, and have also done our own research regarding prorated salary. So don't worry, we are not short-paying you. We have been in business for over 30 years so we definitely understand how payroll and salary works. Please do not bother Jennifer about labor laws or what not, she has been with the company for 15+ years and is experienced at doing her job correctly.
Your start date was Jan. 30th Monday. You did not start on 1/25th Wednesday, you only went to pick up the keys, then you were not there on Thursday or Friday.
According to Fair Labor Standards Act, we are to prorate the amount by that time frame, and NOT the entire pay period since it is just your starting week.
I hope you understand this and will not create more trouble and confusion for Jennifer.
You have only been working for 2 weeks and have already mentioned labor laws twice. This leaves a very bad taste in people's mouths and makes people uncomfortable. You know how much I dislike drama or games being played. I hope you appreciate that I am trying to help you and I put in a good word for you to help you get back on your feet.

ME:
Penny,
We are good friends but salary pay is a set amount per pay that means per month is $2,100.00 which means pay is $1,050 per check. Thats it. I never talked to you about it I talked to Jennifer who does account. I am not going to feel bad or frustrated about anything. These are the facts.

FRIEND:
LINKED FACT: 29 CFR 541.602(b)(6)

Scroll down to Subpart G - Salary Requirements, then click on §541.602 - Salary basis, and scroll down to section (B) Exceptions, part (6).
"(6) An employer is not required to pay the full salary in the initial or terminal week of employment. Rather, an employer may pay a proportionate part of an employee's full salary for the time actually worked in the first and last week of employment. In such weeks, the payment of an hourly or daily equivalent of the employee's full salary for the time actually worked will meet the requirement. However, employees are not paid on a salary basis within the meaning of these regulations if they are employed occasionally for a few days, and the employer pays them a proportionate part of the weekly salary when so employed."
I don't believe it needs to be explained by anyone. It's common sense. That's it. Period.

ME:
Jennifer and Penny
When I have worked previously at salary pay it was on a weekly pay. So let me say weekly to me was Jan 30-February 3 2017 that would be the first week
February 6-February 10 2017 was second week. Then when I send the Federal Labor Law print out was to show what salary pay meaning stated. Not that I was filling or calling or anything about lawyers Etc. just to understand what salary meaning was.

FRIEND:
Well, it doesn't really matter if it's weekly, biweekly, monthly or whatever, the result is still the same.

When we reply to let you know that the information you were providing was incorrect and you continued to argue it, that paints a completely different story.

This subject is now closed.

ME: Penny, stop, your Dad and I talked he herd my side fully understsnds everything and understand what i was wanting a final equation which was never explained or shown to me on how it was added up. When i did my own math it eas never adding to Jennifers equation. All is good here.

FRIEND:
Kandiloo333, pls don't tell me to "stop". All may be good over on your end now, but I want you to know that you caused a lot of headache and annoyance here behind the scenes.
You owe Jennifer and I an apology for your emails and your tone which you have yet to acknowledge. Jennifer did the math for you, you still didn't believe her. The math was done for you on the paystub, you still insisted it was wrong. Then I personally emailed you to explain it. You still insisted that you were right. It is all very transparent now.

I do NOT want to discuss this with you any further. I am not going to feel bad or frustrated about anything. These are the facts. That's it.

*******************

So Penny is mad at me but I think I am okay with my job right now. It's only been two weeks. They can't fire me for this reason. It would be unlawful termination.

OMG!!! I am just floored! Wow!

Your emails to payroll and your now-not-friend were so rude! And entitled! And condescending! And threatening! What on earth was going through your tiny mind when you posted them here - are you trying to make my case for me? Because that's exactly what you did...

And you evidently couldn't be bothered (special snowflake that you are) to read my post where I told you they could fire you for behaving like this, and that said firing would be legal. Again, if you disagree with this, please elaborate on the employment law training and experience you have that makes you think you're more qualified than I am (as a reminder, I have 20+ years' training and work experience in US employment law) to make judgments about whether or not firing someone for rude behaviour is legal.

And if the above is too much trouble for you, google at-will employment.

 

[eerelations]

Esteemed Colleagues, I don't believe I've ever met anyone quite so "special" on this site. I've met more than a few pretty "special" people, but never one quite so OTT special as this one. What say you about this?

 

[kandiloo333]

Okay! I'm done with this. I'm not a snowflake or a troll. I'm 49 years old. Snowflakes are spoiled children.