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  1. #11
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Misled by Company About Pay Rate

    Quote Quoting PayrolGuy
    View Post
    According to the OP...
    Her overtime rate is R x1.5. She assumed that it was going to include her shift differential. R+SD x 1.5 when it is actually (R x 1.5)+SD.
    And the assumption that the OP made appears to be as a result of the e-mails not being clear on what the OT base was going to be. Bear in mind that the OP's experience was that the SD was included in the base for computing the OT hours when the OP worked over 40 hours a week. So it was not unreasonable for the OP to believe that is how it would work for the employer's offer. Thus, the fault for that lies with the employer, IMO, for not being clear enough as to how the pay would be computed.

    The OP might not have worked any hours before the employer clarified how the pay works. My posts have been pretty clear, I think, that the OP isn't going to succeed in getting paid the higher amount for any work done AFTER the employer clarified how the pay was going to be computed.

  2. #12
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Misled by Company About Pay Rate

    Quote Quoting Taxing Matters
    View Post


    So yes, it is true that the law only requires that an employer pay minimum wage and pay basic overtime for hours worked over 40 in the work week. But that's not the issue here. The issue here is one of contract law, and the employee is entitled to be paid what the employer promised the employee would be paid for the work the employee did based on that promised rate of pay.
    I was very careful to tell the poster "his standard rate of pay" in my initial post. I did not tell him when I first answered the question that he was only owed minimum wage.

    In my rebuttal to his rant, yes; I stated that in the absence of a contract only minimum wage was owed. That's because in my rebuttal I was referring to basic, bottom line, default law and not his specific situation (which I had already addressed in my first post). If someone else told the poster that he was only owed minimum wage in THIS situation, please do not put that on me.

  3. #13
    Join Date
    Jan 2016
    Posts
    473

    Default Re: Misled by Company About Pay Rate

    Quote Quoting bluecollaraddict
    View Post
    So if my employer says in writing "come work and you will be paid X amount" they don't have to pay me X amount? That seems wrong.

    Actually, forget it. Every time I come here with an employment law question, I get the same 2-3 people saying that companies can pretty much do whatever they want with no liability or consequences. I've had people tell me that they have no responsibility to provide a safe work environment and to quit if I don't feel safe. Not sure why I even come here anymore. Nevermind.
    Pearl-clutching hysterics isn't going to suddenly make the law change. You have been given accurate answers by people who have spent DECADES working in HR. If you don't like the correct answers you've been given you are free to get a refund at the door and go pay a local employment attorney to give you the same answer.

  4. #14
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Misled by Company About Pay Rate

    I am also going to add that getting time and a half for all hours worked is a fabulous bonus for an employee during these hard times. To quibble over what amounts to $20.00 a week when you are getting time and a half for 40 hours a week is a sure fire way to make you unattractive to your employer.

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