Question...

[emmib2003]

What is the name of your state? TX

If a company pays its General Manager salary, but does not pay overtime...Is it legal for them to cut your pay and "prorate" it if you work 38 or 39 hours in one week?**************...It seems wrong to refuse to pay for hours over 40, but cut your pay for hours under 40.

What if you work 60 hours one week and the next week you only work 34 because you are going out of town, making it a total of 94 hours for the 2-week pay period. Can she CUT your pay 6 hours worth for the 2nd week but refuse to to pay you for the extra 20 hours you worked the first week?

What if she agrees to not cut your pay, but to make you use one of your FEW vacation days to make up for that 6 hours?**************..Again, it seems unethical to work 94 hours in a 2-week pay period and walk away with one less vacation day or a smaller paycheck than if you had worked only 80 hours with two 40-hour weeks.

I'm just curious. I used to be the General Manager of a small business and eventually left because I felt so underpaid. Now I am back in a field doing what I actually got my degrees for! But I always wondered if everything she did was illegal.

 

[BelizeBreeze]

What is the name of your state? TX

If a company pays its General Manager salary, but does not pay overtime...Is it legal for them to cut your pay and "prorate" it if you work 38 or 39 hours in one week?**************...It seems wrong to refuse to pay for hours over 40, but cut your pay for hours under 40.

That depends entirely on the employment contract, if any.

What if you work 60 hours one week and the next week you only work 34 because you are going out of town, making it a total of 94 hours for the 2-week pay period. Can she CUT your pay 6 hours worth for the 2nd week but refuse to to pay you for the extra 20 hours you worked the first week?

Again, based entirely on the employment contract, if any.

What if she agrees to not cut your pay, but to make you use one of your FEW vacation days to make up for that 6 hours?**************..Again, it seems unethical to work 94 hours in a 2-week pay period and walk away with one less vacation day or a smaller paycheck than if you had worked only 80 hours with two 40-hour weeks.

Again, based entirely on the employment contract, if any.

I'm just curious. I used to be the General Manager of a small business and eventually left because I felt so underpaid. Now I am back in a field doing what I actually got my degrees for! But I always wondered if everything she did was illegal.

that depends entirely on the employment contract, if any.

AND, whether or not you were an exempt employee.

 

[emmib2003]

Thanks Belize!

You know...I don't think I ever did sign an official employment contract. I signed all the petty policies (I actually wrote half of them with the help of the TWC website) and the handbook receipt, but never a contract with my salary. It was all informal over email and verbal and never went into details about OT vs. cutting paychecks for less than Full Time. I called in my own payroll and just did what she said, but felt unappreciated.

So I guess she just decided that was the way she was going to do it and since there wasn't a contract, she gets to do whatever she wants? I had an employee file with a general sheet stating salary and new hire information and all those petty policies. But that's it. No contract that went into detail about this issue.

She had plenty of info in the handbook about hourly wages, but there were only a few of us salary and it wasn't oulined at all in the handbook...

 

[pattytx]

So, WERE you an exempt employee?

 

[emmib2003]

I don't know what "exempt" means. Sorry...I know NOTHING of employment/labor laws and contract terminology.

I ran the place sunup to sundown, never got paid overtime, and my salary wages were cut if I would work an hour less one week (even if I worked 65 hours the week before). I do not know if I was "exempt" or what that even refers to me be "exempt" from.

But you can educate me about it!

 

[pattytx]

Yes, I can.

http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm

The employer can't have it both ways. If in fact, you are exempt (probably under the executive classification, which would be logical since you "ran things"), you can only be docked a partial day's salary if your absence was due to intermittent FMLA leave (although the employer could substitute leave time for the missed work time).

Here also is the FLSA regulation regarding what "salary basis" means in relation to exempt employees, and under what circumstances an exempt employee's salary may legally be docked.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.118.htm

 

[cbg]

You can, however, in every state except Washington and even sometimes in Washington, have vacation, sick or personal time docked in order to make up the difference. For example, if you worked 38 hours and left at 3:00 on Friday, or came in 2 hours late on Wednesday, or whatever, they can deduct two hours of vacation or sick time from your allotment. Just as long as the number of dollars in your paycheck does not change.

 

[emmib2003]

We were paid every two weeks. 99.9% of the time I worked between 95 -120 hours in a 2 week period. I was always paid the same amount of dollars in my paycheck. However, I did one time work 60 hours the first week and 34 the second week making a total of 94 hours for the 2 week pay period. She docked me for 6 hours of work. So the number of dollars in my paycheck would have been MORE if I had just worked two 40-hour weeks which would be 14 hours less than I actually worked that pay period.

Do you see what I'm saying? I guess it all depends if the law is written weekly or every 2 weeks. But I think it was wrong for her to dock my paycheck when I worked 94 hours in the 2 week period totally surpassing the required 80.

The whole thing is confusing because I never had an employment contract. All of these details should have been written somewhere...

Thanks for the help!

 

[pattytx]

So, did you read the documents I gave you the links for? I STILL don't know whether you feel you have been misclassified as exempt or not.

 

[emmib2003]

I did read it all and I have read all that before because I WANT to say that I posted some of that information for our employees when I worked there. But parts of it were hard to decipher.

I will say that, according to the description of "exempt" under the executive heading...I fit ALL those descriptions and more. So I probably was "exempt." However, I am still unsure if "exempt" helps my argument or counters it. So I'm not sure exactly what exempt means. Does it mean that all the rules for OT, etc do not apply and the boss-woman can so as she wishes? Or does "exempt" have to be a "thing" in my employment contract? I didn't have a contract, so I'm unsure.

Sorry to be so uneducated about this stuff. But it is good to know for the future. Y'all are great with your help!

 

[emmib2003]

Ok, let me add a little more info:

* The employee must be compensated on a salary basis (as defined in the regulations) at a rate not less than $455 per week; I made about $475/week...
*The employee’s pri**** duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise; I ran the WHOLE place...
*The employee must customarily and regularly direct the work of at least two or more other full-time employees or their equivalent; and I directed, supervised, reviewed, and gave raises to 22 employees...
*The employee must have the authority to hire or fire other employees, or the employee’s suggestions and recommendations as to the hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight. I hired, fired, promoted, demoted, and reviewed employees...

So, yes...I was exempt under those standards...what does that mean?

Thanks!

 

[pattytx]

That means that they cannot dock your pay (although they can require that you substitute paid-time-off for absences and tardies) except in limited circumstances. And docking your pay for a partial day (unless you are taking intermittent FMLA leave) is not permitted for exempt employees.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.118.htm

If you wish to pursue this, and the statute of limitations has not expired, you can contact the Texas Workforce Commission.