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SALARY Law Abuse Poll

MadRat

MadRat

Lifer
The late 1980s and most of the 1990s has probably going to go down as the worst modern decade when it comes to Fair Worker Compensation. The federal laws covering salary require that the employee simply make more than $250 per week and perform a majority of managerial tasks in the workplace. The law in question was enacted in 1938 and concerned businesses with more than six employees and fair compensation of employees that work more than 40 hours per week. Basically it is where we got the time-and-a-half standard for overtime. We are well past the time period where workers earn a mere $250 per week and alot of psuedo-supervisory positions in the workplace qualify as "managers" due to creative job titles and fancy jargon within job descriptions.

Do you know anyone that is being unfairly treated by paying salary in a job requiring more than 40 hours/week?
 
I'm not sure whether or not this applies to your post, but my boss is very wishy washy. I've seen workers get paid salary one week and the next get paid hourly (because they were sick).
 
Yes. My mom works for the Disney store (quitting), and she was promoted to "Lead" (right below manager). It was basically a part time job, but she regularly had to work more than 40 hours a week. And when she did, they would simply not pay her for them. Disney is one of the worst companies to work for when it comes to how they treak employees.
 
Yes it definitely is a problem.
My wife has been a salaried emplyee for 6 years now, and has worked in excess of 60 hours a week. She is required to work 48 hours every other week. All of this with no overtime.
I think its bullsh|t and should be against the law.

 
I work for the federal government. I get time and half the instant I pass 8hrs in a day, I never have to work weekends, never have to work after 4:30 PM, etc 🙂
 
Lets assume you work 50 hours per week and have 2 weeks vacation.

When you get hired, a choice is made (by the boss). The options are:

1) Get paid $55,000 per year on a salary. Using an assumed work week of 50 hours per week, and an assumed 50 weeks of work per year - you earn $22 per hour. Some weeks you will work more (and thus earn less per hour). Some weeks you will work less (like during vacation or sick days) and you will earn far above $22 per hour.
2) Get paid hourly, but your boss knows you will work more than 40 hours per week so you are only paid $20 per hour. Note the small hourly cut. Now you earn each week 40 hours at $20 and 10 hours at 1.5*$20. After working hourly for a year you made... $55,000.

The boss knows the overtime will kick in and he/she just cuts the hourly wage to balance out. You will get paid the same amount per year.

However there is one major difference: The salaried person gets paid even when sick/on vacation - thus the paychecks are consistant, while the hourly person will have some larger paychecks and some smaller paychecks.

.
.
.

Or are you thinking you can find a boss stupid enough to move you to hourly without cutting the average hourly pay?
 
I had a salaried job with a written contract that required 43 hrs/week. If you averaged less than that, they would back bill you for the difference, but if you averaged more than that, you were out of luck. The contract was BS, and totally illegal, so I pretty much blew it off.
 


<< Yes. My mom works for the Disney store (quitting), and she was promoted to "Lead" (right below manager). It was basically a part time job, but she regularly had to work more than 40 hours a week. And when she did, they would simply not pay her for them. Disney is one of the worst companies to work for when it comes to how they treak employees. >>


I used to work at Disneyland during the summers and I always got my overtime pay.

And remember, no matter where you work, there's always a special, magical place where pay problems will always take infinitely longer to fix...

 
There is one case where the law is definately problematic. That is if you work over 47.6 hours per week and only get paid $250. That is since then you are getting under minimum wage. However, the chance of someone working on a salary at minimum wage and over 47 hours per week is probably pretty slim.
 


<< I work for the federal government. I get time and half the instant I pass 8hrs in a day, I never have to work weekends, never have to work after 4:30 PM, etc >>


Hrmmm....when I worked for the federal gov't (DoD actually) I couldn't earn overtime. However, anything I worked over 8 hours got put as credit time which I could use whenever just like vacation time. Man I miss my government days (except on payday).
 


<<

<< I work for the federal government. I get time and half the instant I pass 8hrs in a day, I never have to work weekends, never have to work after 4:30 PM, etc >>


Hrmmm....when I worked for the federal gov't (DoD actually) I couldn't earn overtime. However, anything I worked over 8 hours got put as credit time which I could use whenever just like vacation time. Man I miss my government days (except on payday). >>


Yup, I don't get over time either. They (FHWA) let me use it as leave though as Cerebus said. Since no one is forcing me to work later (like if I worked at a factory) but if I choose to work more then I do get to accumulate that time.
 
Does a manager ask you to work more or do you do it volountarily? I'd think managers would frown on you doing it on your own recogniscence.
 
I am salary and normally only work 40 hrs/wk. Once in a blue moon I have to work "overtime." I was told when I started this job that anytime I worked past 5 o'clock would be credited to me as vacation. Starting the beginning of this year, I have to work 2 hrs before this kicks in. Only one day this year have I not left promptly at 5 o'clock. That night I worked 1 hr 45 min - mfsob's. What management doesn't realize is that little things like this kill what little loyalty one has to his/her company. But of course the mangment that made this decision comes in late and leaves early nearly everyday.:|

A coworker of mine is on the road at least 75% of the time. He often has to visit job sites on the weekends - sat and sun - as well as holidays. Our company charges the customer for him to be there. He doesn't get paid extra for weekend hours. He gets credit in the form of vacation time but his boss never lets him take off. He told me earlier this year that he loses a month to a month and a half, 30-45 days, of vacation a year because his boss (vp of our co.) is an a$$. I've told him to look for another job but he is in his late fifties - early sixties. Employers don't want to hire people his age. He is stuck and his boss knows this and takes advantage of it. In addition to that, he has health problems and is raising his grandkids.

 
I work about 50-52 hours a week (on salary). The way I look at it, I'm paid to get a certain job done, and it turns out it takes 50 hours a week to do the job. Some weeks it's only 40, every once in a while it's 55.

When I have to come in late because of a dentist appointment, or take 2 hours to meet a friend for lunch, I can take off the time and not worry about getting docked. As long as I'm getting the job done I don't have to watch the clock.

All I can say is that from my experience, people on salary who are clock-watchers don't seem to get ahead. There's one guy (on salary) who had to come in one Saturday to reload a server, and on Monday he said he was going to be leaving 2 hours early to make up for Saturday. They said OK. But now if he's 15 minutes late coming back from lunch, or misses a half-day for a car problem, he is told to stay to make up the time. He really wishes he had never mentioned the Saturday thing now.

His boss told him "if you watch the clock, then so will I."

You can't look at a salaried job as a "pay-per-hour" thing. It's not meant to be that way.
 
So far the abused appear to be workers and not management, which means they should not be salaried. (How can you legally be a manager without having subordinates? Wish I had time today to find the legal definition of "manager".) It also sounds like the people being abused do not have good relationships with their managers, or have lost trust with their employer. Does this conclusion sound accurate?
 
Find another job, unionize or renegotiate your terms of employment. You people act like these companies owe you something and are going to give it to you out of the goodness of their hearts. Get a clue.
 
Dave comes into the discussion in his typical fashion I see.
rolleye.gif
 


<< Dave comes into the discussion in his typical fashion I see. >>


Yes it is becoming very tiresome having to point out the ignorance of others. Don't worry though, I will persevere(sp?). 😉

These laws will never be enforced because then the federal goverment would have to enforce them upon themselves. That bill would make the current national debt look like lunch money.
 
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