Mr. Rawson

[RADTECHINC]

What is the name of your state? Illinois.

I was hired as an hourly worker three months ago and now I am being told I will be a salaried employee.

I was told I must work at least 40 hours a week and attend any after hour meetings they call for without pay.

I am also told I will not receive any overtime pay for work after 40 hours.

I do not manage anyone and just do data entry on the computer.

What is the law on being considered hourly or Salary?

If I am salary and work say 38 hours can they deduct from my pay and yet not pay me overtime for time after 40 hours?

Thank you

 

[Beth3]

"Salaried" has no legal standing - it is only a pay method. The meaningful terms are exempt and non-exempt. It appears your employer intends to transition you to exempt status (which literally means "exempt from overtime.")

If you want to research the prevailing law on this, it's the Fair Labor Standards Act which can be found at www.dol.gov.

If I am salary and work say 38 hours can they deduct from my pay and yet not pay me overtime for time after 40 hours? No, they can't do both. Exempt employees must be paid their regular weekly salary no matter how many hours they work, even if it's less than 40. There are a few very limited reasons in which an exempt employee can be deducted a full day's pay but there are no situations in which an exempt employee can be paid in less than full day increments unless the absence falls under the FMLA (statutory leave.)

So in other words, if you report to work and leave after two hours because you're ill, you still must be paid for the full day/week.

If you want to expand on your job duties, someone here can offer an opinion as to whether your position qualifies as exempt. Just saying you do "data entry" doesn't say much. P.S. The FLSA does not require someone to have supervisory duties in order to qualify for exempt status.