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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 17524
Experience:  B.A.; M.B.A.; J.D.
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I work in NC staffing agency. The agency has over 215 temp,

Customer Question

I work in NC for a staffing agency. The agency has over 215 temp, temp-to-perm employees. Our headquarters has a small staff of 6 with 2 of those being the owners. So in reality just 4 employees at headquarters. They are now wishing to change us from hourly to salary. However, we do not have any PTO. So what they (managment) does is when the salaried employee doesn't work, they do not pay them. I understand salary to mean you are paid a flat rate regardless of whether you work zero hours or 70 hours. My salary negotions continue tomorrow and I need accurate information. I have already asked for a guaranteed min. and they looked at me like I had grown a second head.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Phillips Esq. replied 1 year ago.

If you are salaried, it means that you are paid a fixed amount regardless of the hours worked.

The employer CANNOT convert you to salaried employee, but then treat you as an hourly employee. You must be paid a fixed amount for your pay period regardless of the hours that you work.

Customer: replied 1 year ago.
Thank you for your response. What I am specifically looking for is the section of NC law that states what I already know. That exempt salaried employees must be paid without exception to the amount of hours worked. Out company does not offer fringe benefits such as holiday pay. If I work 0 hours in a week for ANY reason am am still entitled to the same weekly salary or can they not pay me? Some say as long as you work at least one hour in in a week you are still entitled to your full salary. Please confirm.
Expert:  Phillips Esq. replied 1 year ago.

See Code of Federal Regulations Title 29 Subpart G Section 541.602:

http://www.ecfr.gov/cgi-bin/text-idx?c=ecfr&sid=48d6ee3b99d3b3a97b1bf189e1757786&rgn=div5&view=text&node=29:3.1.1.1.23&idno=29#se29.3.541_1602

The State of North Carolina has adopted the Section 541 of the Code of Federal Regulation.

http://www.nclabor.com/wh/fact%20sheets/overtimepay.htm

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