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Salary payment dispute?

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liquidxes

Guest
What is the name of your state? California

How's it going again everyone? Yesterday I posted on the wrongful termination article and started thinking about this late last night.

Again I work at a wireless accessory distribution company as a graphic artist. I design marketing and art material for retail stores.

Now when I was hired and asked the pay structure, my employer told me lets just pull out a number "3000/mo." Now that should mean I get paid 1500 on the 5th and 1500 on the 20th of every month. Well... I work hard and don't mess around I'm here every day for my full shift if not longer. On my paystub it says "SALARY." The problem I've been having is that sometimes my checks are slightly off... sometimes as much as a quarter. So instead of getting "1500"/mo I get "1499.74". So the question with this becomes what dictates an Exempt Salary employee vs a non-exempt employee vs an hourly employee. What I think she's doing is taking all the days of the month and dividing that into my salary to get the amt on the checks.

I understand the whole non-exempt you are able to collect overtime (of which I have seen none... and we do have a timecard). Who's out there that regulates this kind of thing.

My second question is if I stop punching in and out of the timeclock can they do anything to me? I stopped for a few weeks and the "Controller" yelled at me for it and asked me outright "are you trying to see what kind of a bitch I can be?"

So I need advice on what my options are. I know this company has OSHA regulation violations. They threatened to fire me for not signing the non-compete act. They do not pay at all for days off. Software licenses are non-existant. (In other words they don't have legit copies of anything from Windows, to Office, to Photoshop, etc).

Thanks for the advice. Hopefully there's something that can be done.

Jesse Lowe
 


H

hexeliebe

Guest
They threatened to fire me for not signing the non-compete act.
This first. In california a non-compete has been held non-enforceable and even if it was enforceable, signing any contract under duress invalidates it. So the non-compete is a non-issue.

What I think she's doing is taking all the days of the month and dividing that into my salary to get the amt on the checks.
And you would be correct.

"are you trying to see what kind of a bitch I can be?"
The correct answer would have been "YES BITCH!" Well, actually, requiring you to punch a timeclock has nothing to do with your employment status. If it's required then do it. I own the company and I still fill out my project time sheets, as do all my programmers.

Software licenses are non-existant.
If this is the case then you need to get the hell out of there now. Not only is the company in violation of a number of Federal laws, but because you know this and continue using the software, you are also.
 
L

liquidxes

Guest
Let me expand on everything so far.

If she is treating me as a non-exempt employee, I should be eligible for Overtime correct? I haven't seen any kind of overtime since I started almost 5 months ago.

I'm glad to hear that the non-compete is a non-issue. It had me pretty worried about what I could and could not do.

As far as the timeclock issue, we don't have any kind of employee handbook that says anything about company policy. I have no idea if we get paid days off. I have no idea about any company policy.

If I'm considered Exempt Salary, shouldn't I be paid for any day off I take so long as it's not an entire week? I thought if you were to take one day off in a week it did not impact that fact that you are salary.

Thanks for the input so far I really appreciate it.

Jesse Lowe
 
H

hexeliebe

Guest
If she is treating me as a non-exempt employee, I should be eligible for Overtime correct? I haven't seen any kind of overtime since I started almost 5 months ago.
You are not non-exempt. Even exempt employees can be required to account for their time.

As far as the timeclock issue, we don't have any kind of employee handbook that says anything about company policy. I have no idea if we get paid days off. I have no idea about any company policy.
There is no law that says a company must issue a handbook. If you don't know a specific policy ask your HR rep to explain it to you in writing.

If I'm considered Exempt Salary, shouldn't I be paid for any day off I take so long as it's not an entire week? I thought if you were to take one day off in a week it did not impact that fact that you are salary.
Sorry, but wherever you got this idea send it back. There is nothing in the law that suggests this is even remotely valid.
 

Beth3

Senior Member
Pay for exempt employees may be legally docked in the following circumstances:

1. If the employee has used up a reasonable paid sick day benefit provided by the employer and is again absent in full day increments.

2. If the employee is absent in any full day increments for personal reasons.

3. If the employee is suspended for a serious violation of a major safety rule.

4. The weeks an employee begins and ends employment, if he/she does not work the entire week.

5. Any time attributable to FMLA leave, including partial days.
 
L

liquidxes

Guest
I don't know that we have any sick pay of any kind. If so I've never been made aware of it... and bringing this issue up with the controller just makes her angry and increases the bullseye on my head.

When you say "Personal Reason" does that include being told to take the day off to seek professional assistance with the non-compete?

I have not violated any safety issues.
 

Beth3

Senior Member
If you're paychecks are only varying by a few cents, then they're not docking you any pay for absences. Nearly all individuals who are paid on a salaried basis have their paychecks vary a tad - mine do - because your annual salary may not be perfectly divisible by the number of pay periods you have. You're making a mountain out of a molehill and no wonder your managers are frustrated when you keep bringing this up.

1. It is not required that an employer offer a paid sick days benefit. If they don't, then the employer cannot dock an exempt employee's pay if they are absent due to an illness however.

2. Personal reasons does not include any situation where the employer tells the employee not to work. It must be a voluntary decision initiated by the employee, i.e. being absent to attend a funeral, because of personal business, because of a medical appointment, etc.

3. Then that's a non-issue for you.

Many companies have their exempt employees punch a time clock or keep a record of their hours worked for a variety of reasons. There's nothing illegal about that whatsoever.
 
L

liquidxes

Guest
I never actually brought up the issue with the check being slightly different from check to check. All I want is to be sure I'm not getting screwed by this company that doesn't have anything in order. I've never worked for a company that has such poor policies in place and it's mostly for that reason that I'm trying to ask around for information. If they aren't willing to take the time to explain a simple policy such as exempt vs non exempt salary it makes you start to wonder what they have to hide and gets everyone paranoid.

I can't seem to convey the situation here, but it is frustrating to say the least. I know it's not a crime to have a poor management structure or policies, but when you're just trying to find out about your own rights it seems they shouldn't try to attack you at every turn.
 

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