Tags: attorney, commission, docking, employment, job, labor, law, lawyer, legal, missouri, pay, plus, salary
Docking of pay Missouri
I have a question. I have worked at the same job for 17 years. I have always been salary plus a small commission. I have worked 60 hours a week and 30 hours a week. It has always pretty much been a wash. We were only given 1 week vacation until last year where it was changed to 10 days.
(2 weeks) If we ever needed time off for illness or for an emergency, it was never an issue. As long as we were covered it wasn't a problem. I have worked so much worked extra with no increase in pay so everyone figured it evened out. This year the rules changed. We have 10 days period. No sick days, no personal days. I used my vacation this year in another city with a family member who was hospitalized and subsequently died. I recently had internal bleeding and spent 6 days in the hospital. 3 in intensive care and 3 in a normal room. We have no benefits, no insurance and the only holidays we are closed are Christmas, Thanksgiving, and Easter. I was just told that I have to work Sundays to make up the days or be docked on my pay since the time I missed exceeded my vacation days. Is this legal? Worse yet, my boss is an elder at my church and teaches our Bible school class. Not too Christian but that's a different issue. I guess my question is this. Is it legal to force me to work my days off to make it up? Is it legal to dock my pay? I had to take off yesterday at 1:00 for a followup blood test. I was told I will be docked a half days pay for that. I get to work everyday a minimum of 30 minutes early (usually and hour) and we have to stay late with customers at least a couple of days a week. I have never said anything about that as I just figured that it was part of being salaried. I am so frustrated.
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- 5 Comments
- I don't understand the exempt or non-exempt thing. I am not paid overtime. I am not paid any kind of holiday pay. We work holidays like they are any other day. I work in a furniture store. I am a salesperson. My main function is to sell. I order stock, unload trucks, display merchandise, deal with customer complaints, schedule deliveries. I pretty much do everything that needs to be done. I have never been paid any overtime. When I asked about how my pay was figured a while back I was basically told that my pay is loosely based on a 40 hour work week. I always work more than 40 hours but I don't recieve anything extra. I have worked my days off to cover somebody but not been paid extra. It just isn't right. It should work both ways.#1; Wed, 15 Aug 2007 12:01:00 GMT
- Based on what you have said, you are probably Non-Exempt. You are probably under the federal 29 CFR 778.113 rules.
- You must be paid at least minimum wage ($5.85/hr federal since July, no idea what your state minimum wage is).
- You must legally be paid overtime for hours worked past 40 in the work week.
- You do not have to be paid holiday pay.
- You can have your salary reduced for not working base hours.
If you are not already doing so you need to start keeping track of actual hours worked. I know zip about the rules for your state, but many employers will argue that the "salary" is intended to cover more hours then 40 in the work week, and many states will allow the employer to make that argument. Mathematically, the salary must cover the greater of federal or state minimum wage, plus the 150% OT premium for hours worked past 40 in the work week (against minimum wage) even if the state allows that argument.
If your employer is failing to follow the MW and OT laws you can file a claim with federal or state DOL. I am sure that you can not go back more then a few years in your claim.#2; Wed, 15 Aug 2007 12:40:00 GMT
- OK, although I assumed that "salary plus a small commission" meant that the 50% commission requirement failed under that particular classification.#3; Wed, 15 Aug 2007 14:52:00 GMT
- "Salaried" per se does not mean much. Both Exempt and Non-Exempt employees can be paid on a salaried basis. Exempt Salaried employees have no legal right (ever) for paid overtime but have some protections against having their salary docked. Non-Exempt Salaried employees must be paid overtime but have no restrictions against having their salary docked.
- The starting point is to figure out whether you are Exempt or Non-Exempt. Are you ever paid overtime? What exactly do you do for a living (job description)?
Past that, any employer can make almost any employee work almost any hours. The only real issue is how time worked must be paid.#4; Tue, 14 Aug 2007 15:43:00 GMT
- The % of salary vs commission is very important to determine if he is an exempt worker. He may be exempt under section 7(i) if:
If a retail or service employer elects to use the Section 7(i) overtime exemption for commissioned employees, three conditions must be met:
the employee must be employed by a retail or service establishment, and
the employee's regular rate of pay must exceed one and one-half times the applicable minimum wage for every hour worked in a workweek in which overtime hours are worked, and
more than half the employee's total earnings in a representative period must consist of commissions.Then the 7(i) exemption may be applicable, otherwise he must be paid for the overtime if he works over 40 hrs a week.
http://www.dol.gov/esa/regs/compliance/whd/whdfs20.htm#5; Wed, 15 Aug 2007 13:29:00 GMT