Is there a "Minimum Salary Wage"?

[myjobsucks]

Okay, I work in Kansas (it's so boring here btw ) and I will be making the jump to full time salary with health benefits VERY soon, as in tomorrow, lol. And, to me, something just doesn't add up here. Our store is open 50.5 hours a week - and I will be at the store for all 50.5 every single week. They are even talking about us staying open 60+ hours a week.

They want me to have a weekly salary of $300
They pay for insurance
4% Comission on tickets over $30

So if you do the math, I will in essence work 50.5 hours a week for LESS than the equivilent of $6 and hour (that would be under $6 if you consider overtime)...

My questions are these:

Is there some kind of legal "Minimum Salary Wage"?
Don't you have to at least make the equivilent of minimum hourly wages?
Is that complicated by comission at all?
What about with health benefits?

I'm not complaining, but I'll start losing comission on sales because I will be off of the sales floor for 80% of the time now...so comission won't mean anything to me from here on out - and it used to be what paid the bills...

Anyone? :/What is the name of your state (only U.S. law)?

 

[TinkerBelleLuvr]

Okay, I work in Kansas (it's so boring here btw ) and I will be making the jump to full time salary with health benefits VERY soon, as in tomorrow, lol. And, to me, something just doesn't add up here. Our store is open 50.5 hours a week - and I will be at the store for all 50.5 every single week. They are even talking about us staying open 60+ hours a week.

They want me to have a weekly salary of $300
They pay for insurance
4% Comission on tickets over $30

So if you do the math, I will in essence work 50.5 hours a week for LESS than the equivilent of $6 and hour (that would be under $6 if you consider overtime)...

My questions are these:

Is there some kind of legal "Minimum Salary Wage"?
Don't you have to at least make the equivilent of minimum hourly wages?
Is that complicated by comission at all?
What about with health benefits?

I'm not complaining, but I'll start losing comission on sales because I will be off of the sales floor for 80% of the time now...so comission won't mean anything to me from here on out - and it used to be what paid the bills...

Anyone? :/What is the name of your state (only U.S. law)?

If you are considered "exempt", then the minimum is $455.00 per week.

http://www.dol.gov/elaws/esa/flsa/screen75.asp

However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.

 

[myjobsucks]

Thank you for the quick response...but none of that really makes sense to me...mainly because of the "legal wording".

I really don't understand the criteria that I need to meet in order to be "exempt". I guess just blame it on me being a simple kind of guy I guess...

So, I want to be exempt in order to make minimum wage? Most of that link looked like it was just about overtime...so I am a little confused.

I am normally not this dumb...but I am so completely lost right now, lol.

 

[TinkerBelleLuvr]

Salary is just a form of payment for your employment. Key is whether you are non-exempt or exempt from the overtime law. The first link helps you see if you even qualify to be considered "exempt" from the overtime rules. Now, if you do qualify to be exempt, the minimum they can pay you is $455.00 per week.

 

[myjobsucks]

Ooohhhh...I think I understand now - guess if I would have taken the word "exempt" at face value from the start, I would have grasped this concept, lol. Let me see if I am understanding this correctly...

If I am exempt, the minimum salary wage is $455 because there would be no overtime collected. Therefore, non-exempt would then require other compensation past $455?



And now the most important question:

So hands down, no questions asked, the legal, bottom line, absolute VERY minimum salary is $455 on a weekly rate, correct?

 

[cbg]

Almost, but not quite. The rules are different for exempt and non-exempt. Salaried is irrelevant.

IF YOU ARE EXEMPT SALARIED then yes, the absolute bottom line minimum is $455. If you are not paid a minimum of $455 per week, then by definition you are non-exempt. As an exempt employee, you are not entitled by law to overtime no matter how many hours you work.

IF YOU ARE NON-EXEMPT SALARIED then there is no minimum salary, but if you work over 40 hours a week you are entitled to overtime.

 

[xylene]

So hands down, no questions asked, the legal, bottom line, absolute VERY minimum salary is $455 on a weekly rate, correct?

I also think you are confusing net pay with gross pay

AND

How your cost for health insurance is subtracted.


Your gross pay is your wages. That is the amount subject to the minimum

That included your commission

If you base + commission > the minimum wage, then you are being paid a legally allowable wage. That is your gross.


Your take home pay, your net pay is that minus taxes and the rest. That is totally allowable to be less than minimum

Finally

Your benefits, your portion paid for insurance. That deduction is from your pay after the calculation of the minimum pay. If it takes your net pay below minimum, that is not a violation. (this assumes you have some portion to pay)

 

[myjobsucks]

I also think you are confusing net pay with gross pay

AND

How your cost for health insurance is subtracted.

Your gross pay is your wages. That is the amount subject to the minimum

I wish I had them confused...The boss said, almost word for word: $300 a week, before taxes. He said $300, period. Not once did he mentioned ANY money being taken out for insurance...and as far as I can tell - they pay it themselves because things are kind of weird where I work (the situation is completely different than I have ever seen anywhere else).

That included your commission

If you base + commission > the minimum wage, then you are being paid a legally allowable wage. That is your gross.


Your take home pay, your net pay is that minus taxes and the rest. That is totally allowable to be less than minimum

So for 44+ hours a week, my base and commission should equal out to at least $7.25 (that's the minimum wage here)? That is just a general question, I seem to be non-exempt, so overtime would appear to apply to me as well.

Finally

Your benefits, your portion paid for insurance. That deduction is from your pay after the calculation of the minimum pay. If it takes your net pay below minimum, that is not a violation.

Again, the way it appears is they actually pay it...if not - then I apparently did not get the correct salary number from the boss, and he's been known for covering things up, specifically things that deal with pay.

 

[pattytx]

So for 44+ hours a week, my base and commission should equal out to at least $7.25 (that's the minimum wage here)? That is just a general question, I seem to be non-exempt, so overtime would appear to apply to me as well.

Not just should, but must. And that is on a workweek basis.