How does an Hourly employee become salary employee on min wage?

[redirish28]

She hears an announcement at their monthly meeting. (She is working at a communications/telemarking centers....) That all full times communicators will be salaried employees instead of hourly workers.

Now base salary is $7.25 an hour (min wage.) If they work all their hours they get an additional $1.50 an hour.


Now mind you they didn't get all the detail today after all that meeting will happen next week but basically the general suggestion was that you take your Base salary times it by 40 (hours in a week.) and times that by 52 (weeks in a year.) For a grand total of 15.080 a year.

Yeah, they still get paid if there is no work and sent home early because of that issue under this new plan but I have a bad feeling.

My wife is concerned because she thinks that if they are salaried than management can say we need you to work 15 more hours this week and she isn't going to get anything more.

So should she be worried and read the fine print.

Is this another way for management scam the workers?

[Gman2]

1. Any time a traditionally hourly position is changed to salary, there is only one reason why.

They will work you till exhaustion, and then get fresh horses.

[demosincebirth]

13. exactly. Anytime they make changes and say it will benefit the employees...BEWARE.

[elleng]

2. Always read the fine print.

Generally, 'salary' suggests more secure, and business better than in the past. Also, some benefits might be included.

Look at hours expected, and overtime.

[proud2BlibKansan]

3. It's a way to keep from paying overtime

Is she in a union?

[redirish28]

7. No union. Unfortunately in this town it is the only major company keeping

employment up in the town. and this company is a right wing-loving company. I will say they know she is a liberal and have repected her view points on certain things.

[SoCalNative]

15. Salaried doesn't mean you are an exempt employee

and do not get overtime.

I'm a salaried employee, was hired at $X a year, but I'm not in a management position, therefore I am required to fill out a time sheet and they must pay me overtime if I work over 8 hours a day and/or 40 hours/wk.

[tammywammy]

18. Same with me.

I'm salary, non-management and I get paid all overtime.

[EFerrari]

4. Yes, it is. I'd make a quiet call to somebody. The Labor Board?

Does that even still exist?

[peace frog]

19. Wage and Hour

Yes, it still exists: http://www.dol.gov/whd/

[EFerrari]

23. Thanks!

[peace frog]

20. Self delete

.

[glowing]

5. It def. keeps them from organizing and forming a Union. It may be illegal?

Depends on the law.

[LiberalFighter]

28. The main point on whether a group can be organized is...

if they can hire or fire they are exempt.

[undeterred]

6. In my state they can make you work 14 hours a day

7 days a week for 13 consecutive days on salary.

[JVS]

8. Your wife is right, they're going to work her like rented mule!

[brewens]

9. They get an extra $60 bucks! Must be a good deal. For their

employer. They will make them work more than an extra 8 hours for that. Count on it. They can also lay some people off now and be way ahead.
The same exact thing happened to me. It was supposed to be a good deal. I never saw those weeks where I didn't put in many hours and got my whole check anyway. Not once.

[Cerridwen]

10. Check your state and local labor laws.

Usually, the reason for putting a wage worker on salary is to avoid overtime. While they might not be working a full 40 hr week now, are you sure there are no lay-offs in the future after which the newly salaried employees will be taking up the slack; with no overtime.

My sister is one of those. She works 7 days a week. Full shifts M-F, a few hours each, Sat and Sun.

Check labor laws; read fine print.

Good luck to you both.

[howaboutme]

11. Exempt (executive and professional) vs non-exempt (non-professional)

Abuse of the exempt vs non-exempt rule has cost employers who abuse it significantly.

http://blogs.payscale.com/ask_dr_salary/2007/01/hourly_wage_vs_.html This site is not official but it gives a good explanation.
Working as a communicator at a call center would appear as being task oriented and non-exempt (Hourly)

[redirish28]

12. The thing that is really kill her is the fact this company along with other aspects

of her life is causing her to have anixety attacks. They demand the impossible. She stresses herself already with the demands they place on her. She's expected to make 80% on this new program she just got trained on. Granted all she is doing is setting up installs. She doesn't have to sell anything just help people set up install times but let's face it she gets 3 or 4 bad calls in a day and her % will basically be around 50 or 40 %.

We can't afford to have her quit and only live on my check. We are barely getting by with both of our checks so I don't know what to think about this new idea or even how to support her.

[truedelphi]

14. In California there have been lawsuits that clearly establish that

Management cannot make the grunts work overtime and then say "Well, you are salaried and therefore the laws applying to managers are legally in place."

The lawsuits that I remember involved the grunts working in offices, and who were required to work over time even though they had no responsibilities for other workers. (I mean, managers "manage" right?)

I am not sure about retail store workers, so cannot make suggestions about that.

[demosincebirth]

24. self delete

[Ozymanithrax]

16. Salaried employs do not get overtime unless it is in their contract...

Does she have a contract she signed when she went to work? Hourly employes do, in most states get overtime.

[redirish28]

22. In a sense she did sign various papers each time this company has

changed the paying system and even how she is rated. In the year and a half she has been there she's seen the way her pay is calculated changed on her 6 times. She has lost count and 9 times out of ten she is given a song and dance why she can't get a copy of what she exactly she signs. She gets a papter and told to sign another paper but she can never get a copy of her sign paper NOR does she get a copy of her job reviews done on her.

[Ozymanithrax]

26. Slavery was a more honest system...

The best advice would be to keep an eye out for another job.

[Crabby Appleton]

17. You might look through some Dept of Labor regs

see how your wife's position may be regarded as exempt or not

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

[madville]

21. Salary positions usually give comp time instead of overtime pay

Salary jobs I have had gave comp time instead of overtime pay. I always enjoyed it because I preferred time off instead of the extra money, more time to fish. The catch is to make sure you use it. I knew many people that had tons of days worth of comp time and they never took days off, then complained about being at work. I remember one two month stretch where I worked three days a week but was getting paid for five when I using up all my comp time. That place was a use it or lose it deal though.

[The Gunslinger]

25. They will make those people work more so they dont have to hire.

Corporate greed is why the unemployment rate is so high. It will not change until labor stands up. It worked before.

[demosincebirth]

27. The situation reminds me of a movie I seen awhile ago named Glengarry Glen Ross. Great movie with

Jack Lemon and a great cast of actors

[Gman2]

30. One of the best ever, right up there with death of a salesman.

[happyslug]

29. Challenge this, to be "Salary" you have to have some SAY in how you do the job

No statute, this is all case law, but the rule is simple, Salary is for people who have some flexibility is your HOW they do their job including when to show up for work. If you have no such flexibility then you can NOT be put on Salary. File a complaint with the Department of Pennsylvania Labor and Industry. They will probably do nothing, but it at least file a complaint so to protect any future claim.

Pa Department of Labor and Industry:
http://www.dli.state.pa.us/portal/server.pt/community/l_i_home/5278

Labor Law and Prevailing Wage Bureau of Labor Law Compliance:
800-932-0665

Download-able forms:
http://www.portal.state.pa.us/portal/server.pt?open=514&objID=613081&mode=2

On the page the form needed is the second from the bottom, makes as:
Complaint Form for Unpaid, Minimum and Overtime Wages