M
MECarey
Guest
Salaried or Hourly Payroll Dispute
I work in a bank in KY as a teller and started on Jan 26 2004. I was hired at an hourly rate and have always been paid hourly, never signed anything about a salaried position. The bank's payroll dept overlooked the 2004 extra pay date quirk, and now has serious issues. On Dec 31st salaried employees would be due their 27th bi-weekly pay period check, in essence "overpaying" them for a 2 week period of the year. To corrrect this situation, we all had to attend a meeting Monday telling us we were not going to receive a paycheck on Dec. 31st as we had already been paid for the year our entire salary by the pay perios preceding Dec 31. They now classify me as a salaried postion not hourly so I fall into the loss and they can't dock it to hourly's. Their philosophy seems to be you work, you earn a salary, therefore you are salaried. I am not salaried to start with, and even if I were, I didn't recieve my first paycheck until Feb 13th 2004 thus making it mathematically impossible for me or any other employee who started after Jan 1st to recieve an extra 27th paycheck. I won't even receive 24 if they take the last one away, I will receive 23 paychecks for the entire year. I see this as being cheated out of my lawfully earned wages, they say if I keep mouthing about it they will terminate me. What legal recourse do I have?
I work in a bank in KY as a teller and started on Jan 26 2004. I was hired at an hourly rate and have always been paid hourly, never signed anything about a salaried position. The bank's payroll dept overlooked the 2004 extra pay date quirk, and now has serious issues. On Dec 31st salaried employees would be due their 27th bi-weekly pay period check, in essence "overpaying" them for a 2 week period of the year. To corrrect this situation, we all had to attend a meeting Monday telling us we were not going to receive a paycheck on Dec. 31st as we had already been paid for the year our entire salary by the pay perios preceding Dec 31. They now classify me as a salaried postion not hourly so I fall into the loss and they can't dock it to hourly's. Their philosophy seems to be you work, you earn a salary, therefore you are salaried. I am not salaried to start with, and even if I were, I didn't recieve my first paycheck until Feb 13th 2004 thus making it mathematically impossible for me or any other employee who started after Jan 1st to recieve an extra 27th paycheck. I won't even receive 24 if they take the last one away, I will receive 23 paychecks for the entire year. I see this as being cheated out of my lawfully earned wages, they say if I keep mouthing about it they will terminate me. What legal recourse do I have?
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