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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18854
Experience:  Employment/Labor Law Litigation
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I'm on salary hrs a week an I work 44 on schedule an at

Customer Question

I'm on salary for 40 hrs a week an I work 44 on schedule an at least 50 more. A total of 100 or more every pay period don't they have to pay me for that
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

If you are on salary and are salaried exempt, then you are not actually on salary for 40 hours a week. That's not hour salaried exempt works.

If you are salaried exempt, you are paid a flat rate (your salary) not matter how much you work. You aren't legally entitled to additional pay or overtime, because your entire pay rate is covered by that salary.

The only way this would be illegal is if you have a contract specifically stating that you are to get more for working any time above 40 hours or if you are improperly classified as salaried because you aren't a manager, executive or professional of some sort.

Customer: replied 1 year ago.
I am a manager if the lodge an she hand wrote it I started out belt when they bought it. They paid me cash for the first ,two weeks an it was ten a he they lowered my pay when they bought the hotel An told me when they pd me for the second time. An they said they was lowering g my pay an putting me in salary for 40 hers at ten a her an I had to sign it before they would pay me. An I filled out my w4 an I also gave her my direct dep info well she's not taking taxes out or direct dep I just get cash. An suppose to sign a paper she printed. An she takes300 rent out but I haven't been sign I git
Expert:  Allen M., Esq. replied 1 year ago.

Legally, an employer can change a person's rate of pay if there is no contract specifically stating that the terms of employment can not be changed.

So, that doesn't automatically make what is happening illegal. That being said, your employer sounds like they are operating on the edge of the law, if not on the wrong side of it here. Your recourse is to contact the Department of Labor in your state and file a complaint concerning Wage and Hour issues. That is the only recourse you have. You have to have the government agency tasked with investigating these sorts of claim review the facts and determine if you are improperly classified and/or paid. This is a protected form of complaint, meaning that you can not legally be retaliated against by the employer.