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Employed as wage however paid hourly when working below 40hrs — Evil HR Woman


I discovered this on Reddit and began to jot down a solution, nevertheless it obtained lengthy, and I assumed it ought to go right here as a substitute.

I’m a coach and am getting into the tip of my first pay interval at a brand new facility.

My contract states I’m a salaried worker, then in one other part states:

Wage: 40 hours per week, $XXk/per yr + fee

For numerous causes I don’t want to elucidate, I get my work executed in below 30hrs per week and have made the enterprise $12k in two so I’m clearly productive.

After I obtained my paystub at this time, I solely logged 64hrs and the proprietor suggested that if I don’t hit that 40hr/week mark then my pay is modified to an hourly charge primarily based on my general wage as a substitute of a flat quantity.

Am I simply dense or is that this sketchy enterprise operation?

That is 100% authorized. (This entire reply assumes that you simply meet all of the {qualifications} to be salaried exempt.)

Assuming you’re salaried exempt–that’s, you’re not eligible for extra time–they must pay you an identical quantity each week.

Nonetheless, they’ll change your standing to non-exempt (it’s ALWAYS authorized to have somebody be non-exempt) and offer you an hourly charge. They must pay you for all hours labored, and in the event you labored greater than 40 hours in per week (or 8 hours in a single day in California and some different locations), then they’d owe you extra time pay.

Some individuals suppose that exemption means you are able to do no matter you need in the event you end your work. This isn’t true. Your boss can require you to be within the workplace 40 hours per week or 80 hours per week or work 24 hours a day (presuming there aren’t state legal guidelines stopping it, which there typically aren’t for exempt staff).

They will’t change you to hourly once you work lower than 40 hours per week and make you exempt once you work extra. It’s both one or the opposite. And so in the event that they change you to hourly and your workload will increase and also you’re now placing in 50 hours per week, they must pay you extra time. They will’t simply change you forwards and backwards; in the event that they make you hourly, then they need to double-check with their employment lawyer earlier than switching you again to exempt.

However right here is one thing exceedingly essential: You’ve labored for this firm for 2 weeks. TWO WEEKS! Many companies offer you a lighter workload once you begin as a result of it takes time to be taught.

Your boss is understandably involved that you simply’re declaring your self executed together with your work after 32 hours every week since you’ve been there for TWO WEEKS.

And whereas your boss might be not effectively versed on the finer factors of employment legislation and will have mentioned it extra elegantly like, “you’re anticipated to work a minimal of 40 hours per week, and please ask me in the event you run out of labor,” he’s understandably upset. I’m guessing you didn’t notify him you had been slicing out of labor, as he’s discovering out about this on the paycheck!

Now, one facet observe on scrupulosity. Right here’s what that’s:

A type of obsessive compulsive dysfunction (OCD) involving non secular or ethical obsessions. Scrupulous people are overly involved that one thing they thought or did could be a sin or different violation of spiritual or ethical doctrine.

It’s pretty uncommon for exempt staff to trace their time and have it seem on their paychecks. It’s not unlawful to trace your time; it’s simply uncommon in the event you’re not billing by the hour. For those who’re monitoring your hours and deducting time for chatting with coworkers or ready for IT to come back to repair your laptop since you’re not working, chances are you’ll endure from office scrupulosity.

I see this with individuals new to the workforce who’re racked with torment in the event that they aren’t productive each minute of daily. If that’s the case, chill a bit. Make your self accessible (if working remotely), let your boss know you’re updated and want one other activity, and keep on the workplace for 40 hours per week (in the event you’re within the workplace, which I think as a coach, you could be).

However, if that’s not your subject, put in 40 hours per week. It’s what your boss anticipated when he employed you. You’ll be able to negotiate in the event you’ve been there a very long time and confirmed how efficient you might be. However, proper now? You’ve been there for TWO WEEKS. Your boss simply gave you some clear suggestions. Comply with it.

Picture by Gerd Altmann from Pixabay




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