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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 113493
Experience:  20+ Years of Employment Law Experience
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I work for a school in North Dakota as a chief custodian.

Customer Question

I work for a school in North Dakota as a chief custodian. For the past 13 years I have been salary but as of this July I was told I have to be hourly according to our labor laws. I only have 1 employee full time under me. In the summer time I have usually 2 part time helpers. I have to punch in every day and out I am averaging about 58 hours a week. Sometimes more. My pay is still based on salary but my contract says I am getting $25.53 per hour. Either way I figure it out it does notwork out. Last year I asked to get payed for some of the time that I put in because I didn't have a night custodian. So they payed me for the over time on my night custodians wages. Is this legal
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: North Dakota
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 3 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The choice of using salary or hourly is generally up to the employer and your contract terms. Legally to be a salary employee, they must pay you at least $913 per week or $47,476 per year and you must be a supervisory employee, but legally if the employer wants to pay a supervisor hourly, they may do so. The employer cannot pay an employee who does not qualify as a supervisor or management or administrative or professional employee salary, but they can pay those employees hourly if they want.
If your wage in your contract does not work out hourly to what your contract provides you can sue the employer for breach of that contract. On the good side, if you are working 58 hours a week, you are now entitled to overtime pay at time and one half your base hourly wage for 18 hours.
However, the employer can decide to make you hourly if they choose as long as they pay you hourly what your contract says you should make per hour when they calculate your salary out. If they do not calculate your hourly rate correctly, then that is a breach of contract claim you could sue them over.
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