Not logged in? Join one of the bigest Law Forums on the Internet! Join Now!   Latest blog post: Research Law Professors Before Choosing Law Schools

Advertisments:




Sponsor Links:

Discount Legal Forms
Discounted Legal Texts


Does anyone know the max hours allowed by law that an employee can work in one week if your on salary?

Discuss Labor Laws

Does anyone know the max hours allowed by law that an employee can work in one week if your on salary?

Postby stein74 » Thu Mar 31, 2011 11:45 pm

Found out in Louisiana employees basically have no protection concerning labor laws except for minimum wage.

They want to change me from hourly to salary and I was wondering just how many hours they can require me to work in one day.

Has anyone had a similar situtation or has any suggestions.
According to the Baton Rouge office I can not refuse their request, but it seems that they want to negotiate a new pay rate, some how I feel like I will get screwed no matter what, unless someone has some good advise on negotiations?
stein74
 
Posts: 18
Joined: Thu Mar 31, 2011 5:21 am
Top

Does anyone know the max hours allowed by law that an employee can work in one week if your on salary?

Postby ruelle » Thu Mar 31, 2011 11:47 pm

salary is salary no matter how many hours you work. You will get the same pay whether you work 2 hours or 40 hours. The hourly wage is much better
ruelle
 
Posts: 14
Joined: Thu Mar 31, 2011 10:07 pm
Top

Does anyone know the max hours allowed by law that an employee can work in one week if your on salary?

Postby cumhea » Thu Mar 31, 2011 11:57 pm

As a salaried employee you are exempt from overtime. They can make you work as much or as little as they please. When negotiating make sure you can leave when your work is done. It may make you work 30 hrs one week and 45-50 another. Good Luck.
cumhea
 
Posts: 20
Joined: Thu Mar 31, 2011 2:51 pm
Top

Does anyone know the max hours allowed by law that an employee can work in one week if your on salary?

Postby jerrick » Fri Apr 01, 2011 12:02 am

Happens quite often. Salaried employees are pretty much subject to the hours imposed by the employer. Best you can hope for is to have them spell out what will be expected and have them live up to it if you can.
jerrick
 
Posts: 15
Joined: Thu Mar 31, 2011 9:06 am
Top

Does anyone know the max hours allowed by law that an employee can work in one week if your on salary?

Postby bercnan72 » Fri Apr 01, 2011 12:13 am

You are currently an hourly employee, a non-exempt worker under the Federal Fair Labor Standards Act (FLSA), and unless your responsibilities have changed significantly, and you fall under the qualifications of an "exempt" employee, the company cannot arbitrarily, at their whim, change your status.

As a "non-exempt" employee you must be paid time and one-half for all hours worked over 40 in a workweek.

The reason that I can see for them changing your status is that they want to avoid paying the overtime and work you more than 8 hours in a day. However, be aware of the fact that there are "non-exempt" salaried employees who are covered under the "over 40 hours" provision.

Google "Fair Labor Standards Act" to determine if your new status is in line with the requirements of "exempt".

"According to the Baton Rouge office" of the company, or the State Department of Labor? If it is the State DOL, then contact the Federal Department of Labor, Wage and Salary Division for an answer and/ or to file a complaint.

When you are approached by management regarding your new status, request a Job Description listing all duties and responsibilities, as well as the "status" (exempt/ non-exempt), and the pay rate per week.
bercnan72
 
Posts: 22
Joined: Thu Mar 31, 2011 8:51 pm
Top

Does anyone know the max hours allowed by law that an employee can work in one week if your on salary?

Postby bing49 » Fri Apr 01, 2011 12:23 am

Yes, there are no limitations as to how many hours you work while on salary. If you have the ability to negotiate, go in there with an idea of what you want your salary to be. Look at salary surveys for your industry online. Figure out how many hours other salaried employees have to work. Multiply your hourly wage by 40. Is that a salary you'll be willing to work for? Whatever you do, go into the negotiation with a number and a reason to back that up, using the industry salary standards, your experience, time on the job, etc, as support.

The good news about salaries is that you can take a day off without it eating into your paycheck. Remember to negotiate paid vacation and sick time as well.
bing49
 
Posts: 13
Joined: Thu Mar 31, 2011 12:29 pm
Top


Return to Labor Laws

 


  • Related topics
    Replies
    Views
    Last post