Is this legal?
I have been working for a company for 5 years now. I started out salary, and after 5 years they have decided to move me to hourly. Which when i was working salary I was working like 84 hours a week. And bringing home 325 dollars a week, now that I am going to hourly I still work 84 hours a week and they do not pay overtime and that left me bringing home only 244 dollars a week after only paying me for a forty hour week when I am actually working a 84 hour week. It is a family businees so I feel obligated to stay and help out because I am actually their only employee. They will not hire any one else. Are they aloud to deduct my pay like that? Even though I am still working the same amount of hours but I am considered hourly now instead of salary? Are they aloud to take away the pay that I have had since I have been working there for the 5 years?
1 answer | asked Aug 29, 2003 02:59 AM [EST] | applies to Ohio
Answers (1)
Your employer can set and change the number of hours that you work and the amount that it pays you per hour. If you are an exempt employee, your employer can also set and change your salary.
However, as an hourly employee, your employer must pay you the minimum wage, $5.25, per hour. Therefore, if you work 84 hours each week, you should get $441. In addition, you are entitled to time and a half for all hours worked over 40 in a week. If you are working 84 per week, then you should receive an additional $115.50.
If these facts are right, go to the U.S. Department of Labor's wage and hour division and report this. They will investigate and have the authority to recover the money that is owed to you by law.
Best regards,
Neil Klingshirn
posted by Neil Klingshirn | Aug 29, 2003 11:16 AM [EST]
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