Is It Illegal for an Employer to Pay a 12 Month Salary in 14 Months?

[cbg]

LdiJ, I don't think you and I are really disagreeing. We both said the same thing; not illegal, show it to an attorney. I think the only thing we're differing on is that you are taking the OP's word that there is a specific contract and what it says (or at least that's what your first post implies) and I am remembering the hundreds of times people here thought they had a contract that turned out not to be, and saying IF.

I completely agree that a contract can allow for an annual salary. I never said otherwise. What I am saying is that the FLSA doesn't. Wage and hour law doesn't. Wage and hour law does not give a rip what the OP is "supposed" to get on an annual basis. A real, true, contract might. I'm just not taking it for granted that a contract exists in this case.

But all in all, I think we're both on the same page.

 

[LdiJ]

LdiJ, I don't think you and I are really disagreeing. We both said the same thing; not illegal, show it to an attorney. I think the only thing we're differing on is that you are taking the OP's word that there is a specific contract and what it says (or at least that's what your first post implies) and I am remembering the hundreds of times people here thought they had a contract that turned out not to be, and saying IF.

I completely agree that a contract can allow for an annual salary. I never said otherwise. What I am saying is that the FLSA doesn't. Wage and hour law doesn't. Wage and hour law does not give a rip what the OP is "supposed" to get on an annual basis. A real, true, contract might. I'm just not taking it for granted that a contract exists in this case.

But all in all, I think we're both on the same page.

I think so as well. The only reason why I am leaning towards there actually being a contract is the whole idea of stretching someones pay out over a greater number of months, in order to get everyone having the same start date, and then going back to stretching it over 12 months again once the new contract goes into effect. That tends to make me think that there are actual contracts in play.

 

[cbg]

You may be right. But I've seen that kind of adjustment made for administrative purposes that have nothing at all to do with contracts. So I'm still not willing to take it for granted.