Hourly Or Salary

[quicstp]

What is the name of your state?TN
I have been working at a convenient store for 4 1/2 years. I received hourly wages until it was changed in 2001. Managers would only be paid based on a 40 hour work week no matter how many hours were worked but would receive a quarterly bonus. Well we only received one quarterly bonus and it was given at Christmas of 2001. All of the managers made inquiries several times but with never any response. In the later part of 2002 our pay stubs changed from hourly to salary. My question is I was discharged from my job a week ago by no fault of mine, I was awarded unemployment also. The week of my discharge I worked 15 hours does that entitle me to receive my salary for 40 hours or should I only get paid for what I work. Thanks for any advice.

 

[Beth3]

Hourly and salary have no legal standing - they are merely pay methods. The question is whether your position was non-exempt or exempt and that can't be assessed without knowing what your job duties were. If your position was non-exempt, then you may be paid on a salaried basis (i.e. fixed base weekly salary) but you also must be paid time and a-half for all hours you worked over 40 in each 7-day pay period.

The week of my discharge I worked 15 hours does that entitle me to receive my salary for 40 hours or should I only get paid for what I work. That at least is a straight-forward issue regardless of whether you were exempt or non-exempt. You need only be paid for the hours/days you actually worked the last week of your employment.

 

[texaswillie]

Hourly of Salary

I assume you were working in a postion that made you subject to federal law, the Fair Labor Standards Act. You may also be subject to state laws in your state. If you were paid hourly through 2001 and if you were paid for all hours worked and if you were paid overtime for your overtime hours, I could conclude there was no issue.

You write using the word "managers" and "convenience store". Issues pertaining to managers and assistant managers at convenience stroes has been a hot topic for the last decade. There have been numerous lawsuits conerning the "manager/assistant manager" position and not all of then have been settled in identically the same manor.

If you met all the duty and salary test for an executive exempt employee prior to August 23, 2004, then you may have been exemept from overtime. The rules changed on August 23, 2004 and there is now a single set of criteria covering executive exempt employees. Prior to 8/23/2004 there were two sets of rules which must be considered when making a determination on the executive exemption under the FLSA.

If your employer did not meet all the test for the exemption, then you may be entitled to addition overtime for hours woked over 40 in a workweek. I cannot tell from the limited information whether this is applicable in your case of not.You may best be served in contacting a labor law attorney and discussing this with him/her.