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  1. #1
    Join Date
    Mar 2009
    Posts
    13

    Question Paid a Daily Rate, but Paycheck Shows an Hourly Rate

    My question involves employment and labor law for the state of: FL (I live and work in FL, the contract says it is governed by the rules of New York, NY)

    I am a W2 employee. I have a contract with my employer. I work at a client work-site and my time is approved by a manager of the client. My contract has my pay at a daily amount per day of work. There is no minimum daily hours stated in the contract to execute the daily rate. My time is recorded in hours. I normally work 40 hours a week, 5 days a week. The amount of hours I work in a typical day varies. On a few weeks in the past I have worked either less than 40 hours (5 work days) or have worked 40 hours over a course of 6 days (working a Saturday).

    The problem:
    On an audit, I found that my employer is paying me the equivalent of an hourly wage, with the assumption that there are 8 hours in a full day's work and 40 hours in a work week. They are paying the equivalent of 8 hours = the daily rate. I am demanding that they backpay pay periods where I wasn't paid the equivalent of 'days with time logged' (times) daily rate. If I log any amount of time per day for 6 days, I expect my daily rate 6 times. For Exhibit A of the contract, I did not accept any benefits.

    Am I in the right?

    ** If needed, a copy of the key parts of the contract: **
    COMPENSATION, TIME RECORDS, DEDUCTIONS. Employer agrees to pay Employee according to the wage
    plan that is made a part of this Agreement and attached as Exhibit A.For each assignment, Employee will record
    the hours he/she worked on each day in accordance with Employer’s rules. For each time record submitted to
    Employer, Employee shall obtain Client’s signature confirming and approving the hours worked by Employee which
    shall be conclusive proof of the time worked each day by Employee. Employee agrees that he/she is responsible
    for ensuring that the time record approved by the Client is received by Employer’s accounting office in accordance
    with the attached Payroll Schedule. Employer will pay Employee for such time records within 15 working days
    after the receipt of such invoices and time records from Employee, as per clients schedule, where Employer has
    received such invoices and time records from Employee. Employee recognizes that Employer may modify or
    supplement these procedures, orally or in writing, and Employee agrees to comply with future modifications or
    additions. Employer will deduct amounts from Employee’s compensation as required byapplicable law, including
    deductions for income tax withholding, the Federal Insurance Corporation Act (FICA) tax, and Medicare
    withholding.

    HOURS. Subject to the provisions of Exhibit A, Employee shall typically work the same hours as Client’s
    employees while performing work at client’s site, unless otherwise directed by Employer (who shall set and
    enforce Employee’s schedule and number of hours worked).

    OTHER PROVISIONS.This Agreement and any attached exhibits, represent the entire agreement of the
    parties and supersedes and terminates all prior agreements. Any modification of this Agreement must be in
    writing and signed by both parties. No waiver of any provision of this Agreement shall be effective unless it is in
    writing and signed by the waiving party;a waiver on any one occasion shall not be effective as a waiver on future
    occasions. This Agreement shall inure to the benefit of and shall be binding on the parties, the successors and
    assigns of Employer and the heirs and personal representatives of Employee. Employee may not assign his rights
    or obligations under this Agreement. Paragraphs 8, 12, and 14 shall survive termination. If any provision of this
    Agreement is determined to be unenforceable in whole or in part, all remaining provisions shall be given full
    effect to the extent possible without the unenforceable provision. This Agreement shall be governed by the laws
    of the State of New York, without regard to choice of law principles, and any litigation shall be brought in the
    state or federal courts of the State of New York.
    Employee agrees to the exercise of personal jurisdiction over
    him/her by such courts to the fullest extent permitted by law.


    EXHIBIT A
    As an employee of XXX you are eligible to enroll in several employee
    benefit plans. XXX offers medical and dental insurance benefits, paid days off and after completing 6
    months of service you are eligible for our 401(k) plan. In this letter we would like to finalize your rate
    and discuss how each of these plans will effect your rate. Please indicate the benefits you would like to
    take advantage of by completing this form and returning it along with your contract.

    Your rate per hour/per day prior to benefits is $$$ per day

    Thanks!

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