|
|
|
|
Salary-VS-Hourly $ 15.00 hr (50 hrs+) Salary with bonus??? hard decision
() wrote in message link.net...
In article ,
George M. Kazaka wrote:
Thanks for the expert legal advice, I do respect your expertise and bow to
your Knowledge of the law.
However unless they changed and as I am not a lawyer, I cannot quote the
actual law,
but Check with the IRS on the Overtime issue Unless they changed it they can
force an employer to pay Time and Half to a salaried employee or at least
compensate the employee after a certain amount of time.
And it did not matter what the agreement is.
You, sir, "know not that of which you speak".
The law *specifically* states that "*EXEMPT* salaried persons" are _not_
any additional compensation -- either 'straight pay' or 'time and a half'
for 'extra work'. They are paid 'by the year', and _those_ *are* their
working hours.
You left out at least one critical word up there.
However, you are incorrect if you believe that 'exempt salaried'
people cannot be paid bonuses for additional work, or required to
work specific hours etc. 'Exempt' means simply that they are
doing work that is exempt from Federal Wage and Hour laws. There
is nothing that prohibits the company from applying all of the
FAVORABLE provisions of Federal wage and hour law to them. IF
the company applies certain unfavorable provisions, like docking
their pay for working less than 40 hours/week then the company
looses the exemption. Ditto if the company assigns them to do
more than 20 hours of nonexempt work a week and so on.
'Non-exempt' persons, whether their wages are quoted on an hourly basis,
_or_otherwise_, are a different story.
Non-exempt may be hourly or salaried.
*EVERYTHING* depends on the actual job being performed.
Indeed.
I agree that there is no law in requiring Mandatory OT and I know you
lawyers work only in black and white,
but by what Kevin wrote and the actual terminology Mandatory isn't
it an implication that you "have" to work overtime.
What does the Employer do if he refuse's to work overtime.
You don't work the mandatory overtime, you *GET*FIRED*.
It *really* _is_ "mandatory" -- i.e. "required that you do it, if you
want to keep your job."
Sure, they can fire you, but they can;t make you work.
And you have -no- recourse with the State (or Federal) Dept of Labor people.
And you are *NOT* entitled to unemployment benefits, because you _were_
fired "for cause".
Not necessarily. There are fifty states and the District of Columbia
each with their own laws and legal prececents. The Federal Labor laws
all allow states to provide workers with more favorable laws.
A person who redufes to work a 40 hour shift, or who refuses to come
to work while his wife is giving birth etc etc may have some recourse.
See an attorney for any real case.
You *ARE* wrong.
No employer can force an employee to work overtime,
Yes, they *CAN*.
No they can't. They can fire one for not working overtime but they can't
make him work. A similar argument applies to the payment of Federal
Income tax. The Feds can't make you pay, but they can take your
maoney and put you in jail.
--
FF
|