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kandiloo333

Junior Member
What is the name of your state (only U.S. law)? California

So I just started a new job on Jan. 30th this year. I just got my very first paycheck which should be on salary. But the pay period should've been for 1/25 - 2/10. Why was I not paid for 1/25-27 since I'm suppose to be on salary?

According to the FLSA, salary pay should always be the same, no matter what, right?
 


CTU

Meddlesome Priestess
What is the name of your state (only U.S. law)? California

So I just started a new job on Jan. 30th this year. I just got my very first paycheck which should be on salary. But the pay period should've been for 1/25 - 2/10. Why was I not paid for 1/25-27 since I'm suppose to be on salary?

According to the FLSA, salary pay should always be the same, no matter what, right?
What happened when you asked your employer?
 

adjusterjack

Senior Member
What is the name of your state (only U.S. law)? California

So I just started a new job on Jan. 30th this year. I just got my very first paycheck which should be on salary. But the pay period should've been for 1/25 - 2/10. Why was I not paid for 1/25-27 since I'm suppose to be on salary?

According to the FLSA, salary pay should always be the same, no matter what, right?
Right.

Except for one thing.

A salary paycheck is allowed to be pro-rated from the time you actually started to work for the company.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? California

So I just started a new job on Jan. 30th this year. I just got my very first paycheck which should be on salary. But the pay period should've been for 1/25 - 2/10. Why was I not paid for 1/25-27 since I'm suppose to be on salary?

According to the FLSA, salary pay should always be the same, no matter what, right?
Why would they pay you for time from before you were hired? They don't have to.
 

kandiloo333

Junior Member
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?
 

Zigner

Senior Member, Non-Attorney
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?
Start here, then let us know if you still have questions: http://bfy.tw/A4PU
 

kandiloo333

Junior Member
Everything that I am reading is that the employer cannot deduct from the salary, no matter what, so even though I started 2 days into the pay period, I should still be owed the full pay period.

"With some exceptions, the base pay of a salary basis employee may not be reduced based on the "quality or quantity" of work performed (provided that the employee does "some" work in the work period). This usually means that the base pay of a salary basis employee may not be reduced if s/he performs less work than normal, if the reason for that is determined by the employer. For example, a salary basis pay employee's base pay may not be reduced if there is "no work" to be performed (such as for a plant closing or slow period), and a salary basis employee's base pay may not be reduced for partial day absences. However, employers may "dock" the base pay of salary basis employees in full day increments, for disciplinary suspensions, or for personal leave, or for sickness under a bona fide sick leave plan (as for example if the employee has run out of accrued sick leave)."
 

adjusterjack

Senior Member
Now you're just being a troll.

There is no argument here.

You don't get paid for the days before you started.

That's all you need to know.

If you cannot accept that fact of life you are welcome to pay a lawyer to explain it to you.
 

eerelations

Senior Member
Well, you're not reading the law in its entirety. The DOL specifically allows employers to prorate salaried employees' first pay and last pay according to the number of days they actually worked during those pay periods. If you don't believe me, then please tell me what parts of your employment law training, experience and qualifications make you more knowledgeable about this stuff than I am. (All the while keeping in mind that I have 20+ years' training and direct work experience researching and analyzing US employment law for several large US corporations.)

(And on a side note - if you keep pestering your brand-new employer about this non-issue, your brand-new employer may get royally pissed off at you and terminate your employment. And this would be a legal termination, so there will be no need to come back here all upset if/when it happens.)
 
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adjusterjack

Senior Member
(And on a side note - if you keep pestering your brand-new employer about this non-issue, your brand-new employer may get royally pissed off at you and terminate your employment. And this would be a legal termination, so there will be no need to come back here all upset if/when it happens.)
And if that happens he will only be paid through the date of termination and not the rest of the pay period. LOL.
 

kandiloo333

Junior Member
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.
 

eerelations

Senior Member
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.
You "told" HR "they had to follow the labor laws"??? Wow, talk about CLMs. What a stupid thing to do. Wow.
 

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