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  1. #1
    Join Date
    May 2010
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    6

    Default Salaried, But Being Paid Hourly

    My question involves employment and labor law for the state of: Maryland

    Hi there, thanks for taking the time out to read my post.

    I work for a small company, about 20 people. Everyone is Salaried/Exempt employees, we get paid semi-monthly, but we get paid at different amounts.

    IE. There are pay periods that can be 72 hours, 80 hours, 88 hours, 96 hours. And I read that an exempt employee has to be paid the same amount every pay period. Is that correct? If so what is the best course of action to bring this to my boss’ attention? Someone here is thinking of calling the state labor and licensing board, he will not like it if I bring it up to him.

    We have to fill out timesheets like hourly employee’s accounting for our hours worked, which isn’t really a big deal, but, most of the people here work at least 9-12 hours a day and are not allowed to show their hours worked.

    Thanks in advance for your advice.

  2. #2
    Join Date
    Dec 2009
    Location
    Lake Chapala
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    3,043

    Default Re: Salaried Being Paid Hourly

    "Salaried" and "Exempt" are two different concepts. Some salaried jobs are exempt, and some are non-exempt.

    That said, I can't believe that there can be a company in existence that doesn't have at least a few non-exempt (salaried or not) positions. Don't you have any clerical staff at your company? File clerks? Receptionists? Accounting clerks?

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Salaried, But Being Paid Hourly

    Salaried is only a pay method and has no legal standing of its own. Not all salaried employees are exempt; not all hourly paid employees are non-exempt.

    Exempt and non-exempt, however, have very definite legal definitions. It is ALWAYS legal to pay an employee as non-exempt. Non-exempt is the default. Microsoft could pay Bill Gates as non-exempt if they chose to. The reverse is not true. Not all employees can legally be paid as exempt. Your job duties (not your job title, not how you are paid, not what benefits you get, not whether you are full time or part time, etc.) determine whether or not you can legally be paid as exempt. If your job duties do not fall under one of the classifications the Federal government has determined can be exempt, then you are automatically non-exempt no matter how you are paid. Likewise, if you are not paid a minimum of $455 per week (higher in some states) guaranteed, you are automatically non-exempt. The chances of sitting down next to Elvis on the bus going home tomorrow (credit cyjeff) are only slightly lower than the chance that every single person in the company qualifies to be exempt under the law.

    The employer cannot make any of these rules go away.

    So before any of your issues can be addressed, it is necessary to determine whether you are really exempt or not. If your job duties qualify you to be exempt, it is still legal to pay you as non-exempt, but if your job duties determine that you are non-exempt, it is illegal to pay you as exempt.

  4. #4
    Join Date
    May 2010
    Posts
    6

    Default Re: Salaried, But Being Paid Hourly

    Hi, thanks for answering me..

    According to the Federal Rules,

    Out of all of the employee’s here – we have 15 Engineers – these are all PhD’s – 2 administrative people who are responsible for all admin, hr, accounting, payroll etc, and 3 technicians – only one would be exempt according to the rules because he is the supervisor, so pretty much the whole company is exempt.

  5. #5
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Salaried, But Being Paid Hourly

    What about the two admin people? From your description, they don't sound like exec admins.

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Salaried, But Being Paid Hourly

    I'm not convinced but for the sake of argument, we'll accept that for now.

    An employee who qualifies to be exempt, can LEGALLY be paid as if they are non-exempt.

    With that in mind, specifically what do you think is being done that is illegal?

  7. #7
    Join Date
    May 2010
    Posts
    6

    Default Re: Salaried, But Being Paid Hourly

    thats pretty much what I needed to know, we dont get paid the same every pay period, some are for 72 hours, 80 hours, 88 hours, 96 hours .. and even though you work over you dont get paid and you cant document the hours you work over 8

    But you answered my ? he is not doing anything illegal. Thanks!

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Salaried, But Being Paid Hourly

    Now hold on. I said that you could legally be paid as if you were non-exempt. That just because you could qualify to be exempt doesn't mean that you have to be paid exactly the same every pay period.

    But if he chooses to pay you as non-exempt, he has to pay you according to non-exempt laws.

    Are you being paid at least minimum wage for every hour that you work, and time and a half for any hours after 40? If you take the amount you are paid each pay period and divide it by that formula, what would happen?

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