Non Exempt Employee Salary
My question involves employment and labor law for the state of: Oregon
My husband has worked for a small business for almost 5 years. Recently he asked us to relocate 3 hours away so my husband could manage a new shop that his boss just opened. I realise now we should have got more things in writing. First of all, he said he would pay moving expenses, then when it came down to it he only gave us $1000 which didn't even cover half of the expenses. Secondly, he said husbands starting salary would be $50,000 per year, and increase if business was good. However last minute, after we had already found a new house and gave our old property managers our move out notice, he decided he would only pay $39,000 and then increase his wages each month, over a period of 6 months, until it reached $50,000. We were a little upset to say the least. We have now been here for 3 months and he has yet to see a raise. Business is bad and his boss is losing money at this new shop, but that shouldn't be our problem. I believe he is considered non exempt because he is the only employee at the shop, there are no other employees. So he isn't exempt right? Also, his pay stub says 160 hours per month, for salary of 3250 each month. However, he usually works 200-240 hours per month.And finally, we just had a baby and his boss said to go ahead and take a week off, his boss came and worked here while my husband was off. But my husband did not get paid for that week off, it said 120 hours on paystub. Okay so this sounds wrong right? What can we do?
Re: Non Exempt Employee Salary
go seek an employment lawyer ... you have something to discuss regarding the exempt v nonexempt status ....
paystub says 160 hr/mo = 40 hr/wk .... does he punch a clock or writes a time sheet?
business is bad = lower pay .... not unusual ...
I'm leaning toward everything the owner did is legally OK....he job duties need a review by a lawyer for a final, more accurate determination
Re: Non Exempt Employee Salary
Being the only employee at the shop has nothing whatsoever to do with his exempt status. In fact, if he is the only employee at the shop, it increases the possibility that he is exempt. If you are thinking that he cannot be exempt because he does not supervise two other employees, please be aware that there are over 100+ possible exempt categories and supervising other employees is a requirement for exactly 1 of them.
But if he is paid more than $455 per week, it is his job duties and his job duties only that determines his exempt status.