Salary vs. Hourly
A few days ago I inquired about a salary vs. hourly question and received a very informative answer. I approached the controller in our company and she agreed completely with your reply but stated the President (who I am the personal assistant to) has made it their company policy to not allow the salary earnings to "kick in" for 90-days. I was later approached by my employer and he stated he had a "company policy plan" and as long as he was consistent with all his employees on the 90-day basis he was within the law. He also added he needs me to continue to work a few hours of overtime per week. This bothers me since I've not gotten to the 90-day mark of the salary phase. The extra hours I'll been working are for free basically. I would like to know if you are aware of my employer�s position and if he is required to pay me on an hourly basis until my salary kicks in. My "welcome letter" from the company stated they will pay me "my salary amount in bi-weekly installments". I'm sort of in limbo because I'm not officially salary or hourly. Since my conversation with my employer I've basically agreed with him to do what he's doing because I fear losing my job (I'm his 3rd assistant within approximately the last 6 months).
Thank you kindly for your time.
Answers (1)
Regardless of the 90-Day probation period, if you are an hourly employee, you are entitled to time and a half for overtime. Typically you are paid on a salary basis or an hourly basis. Its one or the other. (In rare circumstances, people are paid by the day, but this does not sound like your situation.) Your question makes it sound as though you are not being paid at all which is also a violation of several laws. In any event, depending on what you do, you may be entitled to be an hourly employee insted of a salaried employee anyway. This has certain advantages in that you are entitled to overtime where a salaried employee would not be. You need to discuss this situation and specifically your job duties with an employment lawyer. Call us or any of the other fine attorneys listed here at MEL.
Aaron Maduff
posted by Aaron Maduff | Jul 10, 2006 08:06 AM [EST]
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