Where can I file a complaint concerning salaried employees and improper pay and or deductions

Dave (Guest) on Tuesday, October 23 2012, 07:13 PM
I was a salaried employee for 3 yrs and was replaced with a lower cost employee (another story). Although salaried, my paycheck showed 40hrs @ $22/hr and 6hrs @ $33/hr even though I worked more hours than that on most occasions. I was given 6 personal days per year. If I left say 2 hours early for a doctors appt that time would be taken from my personal time. When personal time was used up, an hourly deduction would occur. My final paycheck included accrued vacation time and was paid on the 40hr rate, not my salary. Does this not put me in the category of hourly? Hence they would owe me alot of money. They do this with all salaried employees
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    Replied by Attorney Jack Merrill on Saturday, October 27 2012, 09:34 AM · Hide · #1
    The answer to your narrow question is pretty straightforward -- yes, you would likely be considered an hourly employee in a court of law under the circumstances you describe. Whether and how much overtime you might be entitled to is much more complex.

    Overtime pay is mandated by federal and state laws, but exceptions are numerous. Entitlement can turn on specific job duties or on the category of work performed. Employees who qualify must receive 1.5 times their regular hourly rates of pay for all hours above 40 in a workweek. Contrary to popular belief, paying an otherwise overtime-eligible worker a salary does not affect an employer's pay obligation. Paying a salary is, however, a requirement for the exemption of certain management personnel from overtime laws. Employers who don't carefully honor an agreement to pay a salary -- that is, the same amount of wages for every week, regardless of sick time or missed days, and without docking for medical appointments or other personal time out of the office -- can convert their otherwise exempt workers into overtime eligible employees. Your description suggests that this occurred, since your employer apparently paid you an hourly rate with some overtime pay. It should have records of your hours worked. It the company owed you overtime for, say, 6 hours weekly but you in fact worked more overtime hours, it likely failed to pay you what is due. Penalties for transgressions of the law include triple the amount of unpaid wages, interest, and legal fees.

    To determine where you in fact stand here, you'll need to consult an employment attorney for a review of your job duties and the treatment of your pay. If you have your own records of the hours you worked, the information will be helpful.
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