Who do I contact about this?

"Rainbow" (rainbeaux) 07/28/2019 at 08:29 • Filed to: None

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In Georgia, if you make more than minimum wage, you’re entitled to at least 1.5× your base hourly pay for any overtime worked. I was looking at my pay stub from yesterday, and....

I make $14/hr currently, so it's only a matter of 7 bucks this time, but still. I get paid weekly, and that's an hour of overtime that didn't earn me the $21 that the state requires. Now, I like my boss and my job, but I don't want to be cheated out of money that I'm entitled to have. So... what do i do?

pip bip - choose Corrour > Rainbow 07/28/2019 at 08:36

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contact who’s in charge of payroll, or just straight up ask your boss

Nibby > Rainbow 07/28/2019 at 08:40

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GIVE ME OVERTIME OR GIVE ME DEATH

Snooder87 > Rainbow 07/28/2019 at 08:50

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J ust ask your boss. Act like it was a clerical error or a typo.

“Hey Boss, I noticed I didn’t get an hour of overtime last week that I worked. How do we get that error fixed?”

(Note the subtle use of "we" there at the end)

BrianGriffin thinks “reliable” is just a state of mind > Rainbow 07/28/2019 at 09:37

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How can you be both salaried and hourly? Does not compute. 

SirDrivesAlot (now with hybrid powerrrr) > Rainbow 07/28/2019 at 09:42

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The screenshot says 41 hours salaried? If you are a salaried employee you are exempt from overtime and only get your salaried rate no matter how hours you work. If you are supposed to be an hourly employee you have been misclassified. That would get your emmployer in a lot of trouble if the DOL were to investigate.

My X-type is too a real Jaguar > Rainbow 07/28/2019 at 10:58

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Are you b ase plus commission sales, working outside the office ? If so your employer doesn’t have to pay you overtime.

Dr. Zoidberg - RIP Oppo > Rainbow 07/28/2019 at 11:27

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It depends if your paycheck period actually matches your work week cutoff. For example, let’s see you get paid Friday for and the actually pay period is Fri-Thur. If you worked 9 hours on Friday, and 8 Mon-Thur, that extra hour (hour 9 of the previous Friday) does NOT count towards overtime unless you had already surpassed 32 hours the *previous* Mon-Thur.

This cuts both ways. You may have a subsequent check that has 39 salaried hours and 1 hour of overtime next time.

Let’s say we go back to my last job, where the work week was Mon-Sun of various shifts. If I work, say, 48 hours (four 12s) Sat-Tues, I don’t necessarily get overtime because 24 of those hours go on the previous week, and 24 on the current.

TLDR: work weeks don’t necessarily align with pay periods depending on payroll’s structure at your current employer.

EL_ULY > Rainbow 07/28/2019 at 11:42

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Payroll   person. Heck yeah used to fight for every penny I earned in any place I've ever been at

DipodomysDeserti > BrianGriffin thinks “reliable” is just a state of mind 07/28/2019 at 12:03

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As a teacher, I’m both salary and hourly. I have a contract with an agreed upon yearly salary and hours. This then gets broken down by hour for my bimonthly paycheck. If I exceed my PSL or accrued vacation time, I’ll make less than my agreed upon salary.

415s30 W123TSXWaggoIIIIIIo ( •_•))°) > Rainbow 07/28/2019 at 13:00

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U nionize ! Anyo ne pulls some shit with us and I call the hall bitches!! 

SirDrivesAlot (now with hybrid powerrrr) > SirDrivesAlot (now with hybrid powerrrr) 07/28/2019 at 13:49

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Let me expand on this a little. ( BTW, I am an HR Assistant /Payroll Specialist for a non-profit in  the SF Bay area, and have a certificate in Payroll Pr actices & Management from CSUEB, so I have the credentials to back up my statements)

1. Check you offer letter or hiring documents to be sure you were hired as an hourly employee or as a salaried employee.

2. Talk to your HR/Payroll Dept. to confirm your status.

3. The Fair Labor Standards Act (FLSA) governs who and who is not exempt or non-exempt.

To be exempt you have to meet several standards as to pay and duties:

“ With few exceptions, to be exempt an employee must (a) be paid at least $23,600 per year ($455 per week), and (b) be paid on a salary basis, and also (c) perform exempt job duties. These requirements are outlined in the FLSA Regulations (promulgated by the U.S. Department of Labor). Most employees must meet all three “tests” to be exempt.”

If you do not meet the FLSA standards, and your employer is treating you as a salaried employee they hav e an issue with the US Department of Labor (or the DOL may have an issue with them ....)

www.flsa.com/coverage.html

SirDrivesAlot (now with hybrid powerrrr) > Dr. Zoidberg - RIP Oppo 07/28/2019 at 14:42

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Very true- this could be why he has 1 hour over 40 w/o OT.

Sovande > DipodomysDeserti 07/28/2019 at 15:16

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Assuming (for the sake of argument) that your work week is 40 hours, would you make less money if you only worked 38 hours one week? More if you worked 42? If the answer to this is “no” then you are a salaried employee.

I worked at a place where they calculated your salary based on an hourly rate. It was just a bookkeeping tool to more easily calculate accruals and time off. If I worked 35 hours one week and then 40 the next, I received the same pay.

DipodomysDeserti > Sovande 07/28/2019 at 15:41

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The answer is yes, sort of. If I   burn through my sick leave and vacation time, and have to call out of classes, I’ll be paid less to reflect the lost hours.

As far as working more hours, teachers don’t really get to clock out, but I receive additional pay if I teach a club or any other extra curricular activity.

Here’s the sort of part:

I have a prep period, where I’m allotted time to grade papers and such, but I could be asked to cover a class for an absent teacher during this time. Say I had to cover a class, then had to spend an extra hour after school grading papers. I wouldn’t be allowed to request extra pay since I worked more than the time outlined in my contract.

Basically we agree upon a salary , then it gets broken down hourly based on the school hours and school days, but I don’t get paid if I don’t teach (outside of the legally mandated sick leave and employee offered vacation days).

Teaching in private education in a state with shit public schools is weird.

I once taught for a school that paid me straight hourly. They got what they paid for. I had my kids watch a movie if I had to grade papers or contact parents.

I’ve also worked at a school that was straight salary. I got paid a certain amount to teach for the year no matter what. They got their money’s worth.

Dr. Zoidberg - RIP Oppo > BrianGriffin thinks “reliable” is just a state of mind 07/28/2019 at 15:53

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I’m “salaried” with performance incentives on top. I think of the salary as the floor.

Sovande > DipodomysDeserti 07/28/2019 at 15:58

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Well most places will make you pay for days off if you have used your allotted amount. My current company does that, for instance, and I am very much a salaried employee.

My company just changed their PTO policy and I can now only carry a weekend of vacation over to the next year. I currently get 10 holidays, 10 sick days, 3 personal days and 15 vacation days. I still have upwards of 25 days off I need to use. 

DipodomysDeserti > Sovande 07/28/2019 at 16:12

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Yeah, it’s similar, but in my case I get paid more if I decide to teach a club/tutor/coach despite still being a salaried employee under the same contract. I can also report extra hours if I help with various other school activities. In those cases I would be both a salaried and hourly employee.

Being a teacher, I have some 60+ days time off at my disposal.

Sovande > DipodomysDeserti 07/28/2019 at 17:02

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Ah , gotcha... I’m a slow learner, thankfully you seem to be a patient teacher!

Urambo Tauro > Rainbow 07/28/2019 at 21:34

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A previous employer tried to screw me and my coworkers out of overtime pay. They did this by capping our paychecks at 40 hours, crediting any hours worked beyond that towards the next pay period. We would start the next work week with x number of hours already on the clock.

My manager didn’t like the boss’ brilliant idea any more than the rest of us monkeys did, so in an effort to set things right (under the radar of course), he fudged our times to show 1.5 (instead of 1) “banked” hours per hour of overtime. So if I worked 44 hours one week, I would get paid 40 hours for that week, and start the next week with 6 hours already logged.

I don’t think the boss ever caught him. But the Dept of Labor caught wind of what the boss was doing, and before long my manager didn’t have to fudge anything anymore. The boss strictly limited our work weeks to 40 hours of WORK, authorizing overtime only when it was really necessary.