Serious law question regarding salary.

[BAD MERC]

I need some serious advice - I just had to resign from a job of 9 years due to the fact that my boss only paid me salary based on 40 hours yet I always worked 45-60 hours a week. It never really concerned me because I make good money and LOVE my job. However, I know money was always an issue for the small store so I never demanded overtime or had my hand out for a raise even though I reached my salary cap 5 years ago. After the rise in prices of everything and the economy taking a plunge I picked up a second job on weekends where I started Friday after work and finished early Monday morning. Well, I received a paycut because I was unable to work over 40 hours anymore (honestly - I could not afford to live on one job) so I had to resign the job and make the part-time job a full time 7-day-a-week affair. When I got my final check he had a voluntary resignation form for me to sign since I didn't even have time to give a notice. I refused to sign it and he had a witness collaborate my refusal. Should I hang this son of a bi+ch by the gonads? How???

[Bigdogjim]

Your best place to start is local State labor office.

[Blackened300a]

So he would pay you for 40 hours but you would work more then 40, so he fires you because you couldnt put in the extra time for free??

Find out your rights and hang him. Do you have pay stubs that prove the long hours and no pay?? You can sue for backpay.

I work for family so my check shows 40 hours at the end of the week when it reality I put in 11 hours a day, 5 days a week.

[BAD MERC]

Same here, it says "salary" and "40 hours" but it still says 40 hours with $2.50/hour deducted.

[Peace2Peep]

Kenny...you are worth more than what Craig was paying you! I am soo sorry this has happened, but you know buddy...this is a good example of what court is there for. It sucks to work in a "Family" business and yet they are the only family members benefitting from your long hours. I hope this shakes out and YES you do have legal recourse. I know from watching you work...you always work OT for Him!

BTW I'm saving my Excursion for you. If you need some work...lets do some install!

[BAD MERC]

Alan - you wanna fill out an affidavit for me? He sure as hell will lie to cover his butt.

[Peace2Peep]

Yes i would kenny...you know me brother, got your back!!

[Eric-Blk2004]

Dude - welcome to America. First off - never do ANYTHING for free when other people are getting paid for it. Ever. This dude is running a business. You work more then 40hrs a week and you do it for free. Sorry but that makes you a sucker, not a good employee.

I could understand staying 15 minutes to help out with routines but to stay 5 to 10 hours a week not ask for overtime is nuts.

Thats assuming you are straight up hourly and 40hrs a week. When I was a manager at a retail store it was 50hrs a week no OT. I was salary and the salary was based on 50hrs a week. Thats the deal and I knew it when I took the job.

Never expect anything from anyone. Take whats yours when its due, dont act like this dude owes you nothing. He paid you to do a job, you did more and did not ask for more. Tough cookies.

Sorry bro.

[BAD MERC]

Dude - welcome to America. First off - never do ANYTHING for free when other people are getting paid for it. Ever. This dude is running a business. You work more then 40hrs a week and you do it for free. Sorry but that makes you a sucker, not a good employee.

I could understand staying 15 minutes to help out with routines but to stay 5 to 10 hours a week not ask for overtime is nuts.

Thats assuming you are straight up hourly and 40hrs a week. When I was a manager at a retail store it was 50hrs a week no OT. I was salary and the salary was based on 50hrs a week. Thats the deal and I knew it when I took the job.

Never expect anything from anyone. Take whats yours when its due, dont act like this dude owes you nothing. He paid you to do a job, you did more and did not ask for more. Tough cookies.

Sorry bro.


No, you're correct. However, giving me a paycut because I am no longer a pushover is against the laws of Florida.

[SWOOSH]

One, check out laws on www.dol.gov (http://www.dol.gov) (Department of Labor)
Two, were you a salaried employee?

[sailsmen]

Best advice has been given talk to the DOL.

I will never forget the first words my labor atty told me when I was fired with a non-compete, "You are a white guy under the age of 40 you have no rights".

[BAD MERC]

One, check out laws on www.dol.gov (http://www.dol.gov) (Department of Labor)
Two, were you a salaried employee?


Yes, I was "salaried" but it would be cut for any amount of hours off REGARDLESS of how many hours I exceeded over 40. For example; Call in sick Monday, work Tue to Fri and 4 hours Saturday (exactly 40 hours) and get a "salary" check for 32 hours. Lunch breaks were "moments" and I didn't get to have breaks because I don't smoke.

[whd507]

laws are changing concerning salary employees, but it varies by state. I work 50 hrs a week salary, but my counterparts in California were forced to go hourly, and cut 10 hrs a week. its a mess, and its going to get worse. I suspect that guys like me, will get cut out and replaced by two cheaper part time employees. compliance costs go up, taxes and expenses go up, yet you cant raise your price to offset it, and wall street wants share returns to equal past times with lower costs and taxes. cant be done.

[rayjay]

You need to run this by a reputable labor attorney. Most certainly you were used as a tute.

[larryo340]

I had a similar problem with a dealer I worked for. I worked around 50 hours a week, and paycheck always showed 40 hours. They also had a hourly rate listed on the pay stub, and made my punch a time clock. I finally had enough of that job due to mounting factors, but it was getting to me seeing a 40 hour paystub. I checked with the NY state labor department, and was basicly told unless your were hired as a salaried worker and are not management.....( I was not considered management) your not entitled to any overtime.
So basicly they could require me to work more hours without compensation. What the F---?

It was somewhat comical that some of the other guys in a different department were paid "hourly" and worked about the same actual hours as myself but paid overtime over 40 hours while I got....
http://tbn0.google.com/images?q=tbn:3tE6XCXwhl9GIM:ht tp://agentwill.com/wp-content/uploads/2008/02/screwed.jpg (http://agentwill.com/wp-content/uploads/2008/02/screwed.jpg) :mad2:

Long story short, check with your states's labor department. I hope for your sake it's not like NY,

GOOD LUCK, and keep us posted.

[Aren Jay]

If you do get any extra money for back pay, do not forget to pay your taxes.

Talk to a lawyer.

[Mike Poore]

You'd be surprised how friendly and easy it is to get things done in small claims court. Make sure there's no who said what confusion, and you have ample documentation, especially for those past hours you hope to recover. You know, of course, you can't recover anything by proving he's an *********. It all boils down to three things, documentation, documentation, documentation. Without it, you're wasting your time.

Another thing: although this seems very basic; If you go to small claims, make sure you have a clear understanding of why you're there, and what you're asking for.

[martyo]

First, you need to look at Florida labor law. Well, not you personally, but someone qualified to do so (i.e., a lawyer) to be sure because these issues vary from state to state. See my note about how to do this below.

It sounds like you were an "at will" salaried employee which means that you are not entitled to over time and that you can be fired at will. So, the bottom line is there probably isn't much you can do.

As far as the "form" that he wanted you to sign and the witness that you didn't sign -- well that is BS. You are required to sign nothing and if you had signed it it probably contained release language (which may or may not have been effective, depending on Florida state law). I believe that your former employer was just trying to intimidate you and that is pretty typical. In my opinion, you did the right thing by NOT signing. After all, why should you?

Now, because this is a car forum and not the best place to get anything but OPINIONS and because you should not disclose legal or what is known as "privileged" information here, I urge you to consult with an attorney. The state and local bar associations are great places to get referrals. If money is tight, you may call one of the local area law schools and see if they have a legal advocacy hotline. They can be a wealth of information and very worthwhile in assessing whether you have a real claim or not.

I hope this helps. Let me know if you have any questions.

[martyo]

You'd be surprised how friendly and easy it is to get things done in small claims court. Make sure there's no who said what confusion, and you have ample documentation, especially for those past hours you hope to recover. You know, of course, you can't recover anything by proving he's an *********. It all boils down to three things, documentation, documentation, documentation. Without it, you're wasting your time.

Another thing: although this seems very basic; If you go to small claims, make sure you have a clear understanding of why you're there, and what you're asking for.


Claims like this may not necessarily be brought in small claims Court.

[High-C]

Martyo, You are correct... I'm not familiar with FL, but VA is a right to work state. You have the right to work and I have the right to release you. For whatever reason. In my understanding, saralied is just that. An agreed salary based on a 40/50hr work week. I am, and have been for years, a salaried employee and if I work 60 or 70hrs a week I still get the same check. The hourly stuff is just that, hourly. You have to punch a clock and get paid based on those records. Good luck, but you may spend more with a laywer than you can recoup. The bad blood and stress may not be worth the effort and up-front expenditures. My advice is to cut your losses and move on. Although you feel screwed, it may be better to take the high-road... I know there have been a few situations where I wish that I had gotten the same advice. As much as you want the tit-for-tat, it's not much fun... I wish you the best. - Chris

[magindat]

Sorry to hear you're in a bind, Kenny. If you ever punched cards or kept any hour record, find them.

Holler if I can do anything for ya.
Rich

[BAD MERC]

Well guys - all your input and opinions have been enlightening. Simple fact - I had the deepest passion for success and made a handsome living out of a hobby. I was taken for granted and got screwed. I do feel good knowing that he cannot benefit from my expertise anymore and can no longer claim to have one of the best installers in the area. He has a half-finished 468ci 1972 Chevelle in the bay that I did all the mechanical and NEW electrical on. Let him find somebody else to pick up where I left off... So I move on. I will see if a labor attorney wants to cover this and see what we can do. I am not counting my chickens. As far as bad blood - oh baby it's there. He owes me and WILL end up paying. It may not go into my pockets but he will owe somebody. Revenge is a dish best served cold. Now - let me go establish an alibi....

[ckadiddle]

Best of luck in your employment search. In Florida, salaried=screwed.

[magindat]

Well guys - all your input and opinions have been enlightening. Simple fact - I had the deepest passion for success and made a handsome living out of a hobby. I was taken for granted and got screwed. I do feel good knowing that he cannot benefit from my expertise anymore and can no longer claim to have one of the best installers in the area. He has a half-finished 468ci 1972 Chevelle in the bay that I did all the mechanical and NEW electrical on. Let him find somebody else to pick up where I left off... So I move on. I will see if a labor attorney wants to cover this and see what we can do. I am not counting my chickens. As far as bad blood - oh baby it's there. He owes me and WILL end up paying. It may not go into my pockets but he will owe somebody. Revenge is a dish best served cold. Now - let me go establish an alibi....

Yes, Kenny. Karma is a mutha and sometimes it gives you a whuppin! He'll get what's coming - and you'll hear about it someday and you'll know - balance is restored.

Good attitude! :2thumbs:

[Peace2Peep]

I just luv me some Kenny Coffey! BTW...my sister is single.......ha!

[BAD MERC]

I just luv me some Kenny Coffey! BTW...my sister is single.......ha!

She is?- Oh man you know how I adore your sister and I always teased you about stealing her away (You believe Craig actually took me seriously???) and marrying her. Anyway, my first, last and only impression of her hubby was negative. I am glad she is solo if she is finally getting the respect she deserves. Have her call me - I have a fraction of the numbers I lost awhile back. I will definitely see her next time I am up there. Thanks for your support.

[Ms. Denmark]

So this may all have a happy ending.;)

[BAD MERC]

So this may all have a happy ending.;)


I am working feverishly on that - she ain't called yet....

[magindat]

I am working feverishly on that - she ain't called yet....

Dayum, when did this turn into a dating site?!

:laugh:

:beer: