Am I REALLY salaried?
I have been employed for a CPA firm for the last 2 years, as an accountant on a salary basis. My checks are twice a month the same amount, regardless of hours worked. However, if I work overtime, I get comp time - hour for hour. If I don't work, I have to use vacation time. If I don't have enough comp time or vacation time, I go negative and have to work overtime to pay it back or if I were to quit would have to repay the hourly equivalent. During tax season, I am paid my hourly equivalent + $5/hr (not the OT rate) for hours of overtime. It seems to me that if I were truly salaried (exempt), if I work more or less I would get paid the same regardless. It seems like they have these rules to benefit them and not have to pay time and a half. My questions are: 1) Why even have 'vacation time' for salaried employees?, 2) Am I thinking right on this, that I would probably be better classified as hourly, 3) If yes, is there something I can bring to my employer that would outline these issues (so far all I'm finding is that based on job description I would be exempt, but not any other requirements such as actions that define what status I am), 4) Should I go back and calculate all the overtime and present it to my employer, and if so, do I count the 'comp time' used?
Any guidance is appreciated!
Thanks.
Answers (1)
There are many factors ging into whether someone is legitimately hourly or salaried. One place to start is the Dept. of Labor's web site. http://www.dol.gov/esa/whd/overtime_pay.htm
posted by Sally Stix | Oct 6, 2008 4:16 PM [EST]
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