salaried but paid hourly?

I am a manager at a call center with 5-10 employees underneath me. My employer classifies me as salaried non exempt on my pay stub. I am required to work 40 hours a week, and 2 extra Saturdays each month, 4 hours each day. I do not get paid overtime for any work beyond my 40 hours, nor do I get paid at all for my Saturdays. Furthermore, I am docked for leaving early, even on a week that I have worked a Saturday. Example, I left 2 hours early one day due to illness, and was paid for 38 hours, even though I actually worked 42. My question is 1)Am I entitled to overtime when I work more than 40 hours, and 2)Can they dock my pay when I actually worked the hours?

2 answers  |  asked Feb 23, 2011 5:56 PM [EST]  |  applies to Ohio

Answers (2)

Bruce Elfvin
The simple answer will be from your occupation. From your description the employer is failing to pay you wages and overtime that is due. You do need to see an employment attorney near you.

You can select one near you at:

posted by Bruce Elfvin  |  Feb 24, 2011 07:15 AM [EST]
Robert Kapitan

Without more information its difficult to say, for certain, whether you are exempt. Based on the fact that you are salaried and management, you would probably be classified as exempt from the overtime provisions of the overtime laws. However, the fact that you were docked pay may mean you that your employer changed your status to that of non-exempt and now has to pay you overtime. I encourage you to contact an attorney to discuss it further. I would be happy to talk to you about potential claims.

Rob Kapitan

posted by Robert Kapitan  |  Feb 23, 2011 6:22 PM [EST]

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