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Tina
Tina, Lawyer
Category: Legal
Satisfied Customers: 8775
Experience:  JD, BBA Over 25 years legal and business experience.
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I just worked 18 hours and I only get paid a stipend of 40

Customer Question

I just worked 18 hours and I only get paid a stipend of 40 dollars during a business trip in the continental US (Hawaii). Is what my employer doing illegal? They should be paying me 1.5 for overtime according to most things I've read
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year 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.
Can you please explain what you mean you only got $40? Did you get your regular pay for all of the hours actually worked? Give us some details?
Customer: replied 1 year ago.
My company doles out a "stipend" for business trips. They provide travel expenses and lodging, but the actual hours worked? They don't pay 1.5 and have me record the time via timesheet or any other recording method. Instead, we receive a check for 40 dollars + regular salary pay for each day worked.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
So you are a salary, exempt employee?
As far as stipends, that is up to the discretion of the employer, the Fair Labor Standards Act does not govern that. The law only governs that you have to be paid wages for work, be it hourly if you are a non-exempt employee or your salary if you are an exempt employee. Any per diem is a matter between the employer and employee unless you have a written contract providing for something else.

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