Is it legal to play an employee hourly with a cap on weekly hours?
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Is it legal to play an employee hourly with a cap on weekly hours?
I started working for an employer about 2 months
ago. The terms of my hiring were unlike any Ive
seen before and Im not sure of their legality. I
received a salary proposal but didnt sign anything
about that specifically.
In short I was to be paid an annual salary BASED on
an hourly rate. It was never made clear to me
whether I was to receive a setsalariedbiweekly
pay based on the annual salary listed, or paid the
hourly rate that was provided next to it.
However, thats not the primary concern. I have been
effectively paid at an hourly rate, with the maximum
hours Im eligible to be paid for, capped. I have only
received Overtime on a straight basis1x pay rate
when my employer approves the time.
This is how it ends up If I work 30 hours, I get paid
for 30 hours. If I work 55 hours, I get paid 40 hours. I
was lucky enough to get some of my time approved
for last week, although I only got paid for working 55
hours after putting in more than 70 that week.
Asked on June 1, 2018 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
No, what you describe is simply not legal. To be salaried, an employee must be paid the same regardless of hours worked per week: a salaried employee earns the same weekly salary for 30 hours as he or she does for 55 hours. If you vary pay by hours, you are paying the employee on an hourly basis; if you are paying employees on an hourly basis, you cannot "cap" their earnings, but instead must pay them for all hours worked, including overtime (time-and-a-half, not straight time or base pay) when they work more than 40 hours in a week. You may wish to contact the department of labor, since it appears your employer is violating the wage and hour laws.
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