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If i am being paid as as a piecework employee, does my

Hi. If i am...

Hi. If i am being paid as as a piecework employee, does my employer have to give me a record of my piecework with my paycheck stub so I know what I am being paid for?

Lawyer's Assistant: Was this wage-and-hour issue discussed with a manager or HR? Or with a lawyer?

No, i was hired by a temp agency with the agreement of a set hourly wage. Now i am being told the company is losing money as they cannot justify billable hours to client and was told we will be paid by spliting the difference between hourly pay and production pay. Paycheck stub shows hours worked and het pay...period

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Unfortunately no

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

What the employer is required to show me on paycheck stub I guess is main issue as well as if they can pay as above mentioned. Thank you

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3/15/2018
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,936
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
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I'll need to know what State you work in and also some clarification about whether you have a term contract that guarantees a certain rate of pay and whether or not you are being paid per the written contract.

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Customer reply replied 4 months ago
It is Alabama. When hired it was a verbal agreement of a hourly rate of $10 an hour. Was advised that overtime was mandatory ..the hours were from 6 PM until the work was completed. For the first 4 months, I was being paid as agreed. Straight time for the original 40 hours and time and a half for everything over 40. Then we were told that they were losing money on us since they couldnt bill the client for stand around or clean up time. I tracked the jobs I worked and tried to submit with my time sheet. It was given back to me without a glance as they informed us we were going to be paid based on production time. Supervisor said we would split the difference. We would be paid the amount between weekly production and hourly wages. I worked 45 hours and check showed net pay as $450.00. I then worked 50 hours and received net pay $460. No hours listed. I checked with on site supervisor and he submitted to temp agency 48 hours production time and 2 hours clean up time. I cannot figure out how they are calculating my pay. I asked the boss at temp agency for a copy of what I signed I was told it was only a W4. He got defensive when I asked what my production pay rate was and was told I am being paid $9.60 an hour production time and this is the way it has always been done and he is about ready to let all the complainers go and hire new people each week to avoid all the phone calls he receives after payday.
Alabama does not require employers to provide a paycheck stub to employees so I am wondering how I am supposed to be able to check my pay for accuracy. We use a payroll portal called Paylocity and if we are luck they will shoew the hours. No rate of hourly pay, O/T hours, etc are shown.
I do not think I am being p
Customer reply replied 4 months ago
paid for overtime. Do I need to find new job?

Thank you for the information, it was helpful. You are absolutely correct that Alabama does not require an employer to provide a pay stub with hours and rates of pay broken down to their employees. Sadly, neither does the Fair Labor Standards Act (FLSA), the Federal wage law. The FLSA does require that the employer keep pay records on each employee, but that is the extent of the requirement.

That means that unless your employer (pay section) is willing to sit down with you and go over how they cam up with your pay for a particular week, you must either trust them or you will have to file a wage claim with the Wage and Hour Division of the U.S. DOL, or file suit under the FLSA.

As to your actual wage issue, although employers can pay piece rate, they are still required to pay time and a half for all hours worked over 40 hours a week. The rate to be used for making the calculation is using the employee's "regular rate of pay" for the 40 hours and multiplying that by 1.5 for the hours worked over 40. The employer will have to be able to show the DOL or courts how they came up with the regular rate of pay which isn't always easy with piece rate since it can change from week to week, but they have to be able to substantiate that they have used an average.

Just at first blush, it does appear that something is not quite right with your pay if you make $450 when you work 40 hours and only $460 when you work 50 hours. Doesn't look like you were paid overtime. The employer cannot change your rate of pay from week to week without informing you prior to you doing the work.

In any event, at this point, if you can't get the information you need, you may want to file your wage claim with the Wage and Hour Division as I mentioned above. Your employer cannot lawfully take an adverse employment action against you for doing so.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,936
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
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Customer reply replied 4 months ago
Thank you very much. Your answer was very helpful. I was familiar with the pay method of "Chinese Overtime" which is how the piecework/production is paid, but I was glad to see you confirm the FLSA subsection information, knowing I had in fact interpreted it correctly. Again thank you for your time!

You're very welcome.

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