Am i getting cheated?

I am a store manager for a farm parts retail store I was put on salary income, and i only get paid for 80 hours every two weeks regardless if i work 100 hours, but if i work less lets say 60 hours i am only getting paid for those 60 hours, now i dont understand how this is fair they wont pay if i go over and they wont pay if i dont meet it. What if anything can i do???

2 answers  |  asked Jun 25, 2011 3:30 PM [EST]  |  applies to Texas

Answers (2)

Christopher McKinney
Based on the information you are providing, it would appear that your employer is in violation of the FLSA. While there are a few exceptions, an employer generally is not allowed to vary an exempt, salaried employee's pay based on the number of hours worked. Doing so causes the employee to become non-exempt and, therefore, subject to the overtime provisions of the law.

I would recommend that you consult with a competent overtime attorney as soon as possible as there are strict time deadlines applicable to claims such as this.

posted by Christopher McKinney  |  Jun 27, 2011 07:54 AM [EST]
Jill J. Weinberg
Employers cannot have their cake and eat it too. If an employer wants to employ an executive (i.e., a store manager) then that person must (1)perform executive duties AND (2)be paid a guaranteed salary NOT subject to deductions based on hours worked. Indeed, that is another issue in assessing if someone is properly "exempt" as an executive under the FLSA (Fair Labor Standards Act).

Even if a store manager is properly "exempt" from overtime based on his duties, then the store manager must be paid a guaranteed salary EVEN IF in some weeks the hours actually worked are less than in other weeks. EACH work week "stands alone" (the salary for each work week must be the same) even if an employee is paid every 2 weeks.
Generally, if amount of salary for each week VARIES based on ACTUAL hours worked, then the "guaranteed salary" requirement under the FLSA is not met and the exemption is lost. If the exemption is lost, then the employee has a claim to be paid for all hours actually worked EACH week over 40 hours at 1.5 his hourly rate (so if hourly rate is $10 than the overtime rate is ($15).

Generally, an employee is paid on a salary basis if he has a "guaranteed minimum" amount of money he can count on receiving for any work week in which he performs "any" work. This amount need not be the entire compensation received,(for ex., monthly bonuses can be excluded but the salary must be at least over $455 (gross) a week. If the employee was promised more $455 per week, than the HIGHER weekly salary must be paid. However, whether an employee is paid on a salary or hourly basis is fact specific and thus evaluation of particular circumstances is necessary by employment law counsel.

posted by Jill J. Weinberg  |  Jun 26, 2011 10:11 AM [EST]

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