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Can they still pay him on an hourly basis?
My husband started working for his employer almost 2 years ago. When he hired on his offer stated that he was a salaried employee and should be making around 33k a year. His paycheck stub states that he is salary non-exempt and should make 1260.00 a pay period. However he never makes this much. As I understand it salary means that you have a set pay. This is also what the FLSA website states. This company does not pay him the salary that they promised or even that they state he should be getting on his pay stub. He is also a National Guardsman and he was in training for 2 months last winter. For this they docked him 1 day of vacation stating that he had not earned it. I do not know what to do here? Who do we contact? What course of action do we take next?
I am aware Taxes must be taken out I have been working for many years. I mean before taxes he is not making the 1260.00 a pay period.
Yes he has a contract and on his pay stub it states that he makes 1260 per pay period. His contract states that he is Salary at 33K a year and that he is non exempt and anything he works over his 84 hours per pay period is to be paid at an hourly wage of 15.00 per hour plus whatever the overtime is (which is time and a half) with the exception of sundays when he will receive a flat 15 an hour.
4 Answers
- lcr000Lv 79 years agoFavorite Answer
if you read the FSLA rules you saw that minimum wage for an exempt employye in all but 1 or 2 states is 455.00 a week or about 23k a year, that is what the law says he must be paid anything more is between him and the employer and unless he had a written contact what they promised does not mean a thing.
Guard duty is not required to paid by the employer, the only rule is they cant fire him for it.
- Jay LLv 79 years ago
of course his take home pay is not 1260 a pay period. he has to pay FICA, Social Security, Payroll taxes, state taxes, insurance, 401-k, etc. out of his pay.
Welcome the the real world And no, his employer is not obligated to give him a vacation day if he is not working for the employer. He was working for Uncle Sam, as a National Guardsman, and getting benefits from the US army, not his employer. Many employers will continue to give benefits for a short period (2 week training) but not for months.
Thank you and your husband your your service and your sacrifice
- moniqueLv 79 years ago
Employers are not required to pay their employees in the reserves/national guard when they have to be out for training. The law protects them from being fired for training or deployments...the employer has to provide them a job when they return. It would be unreasonable to expect employers to pay their salary when they are not working.
If you have a pay stub, that is what your salary is. What is the amount at the top of his pay stub? I would assume his paycheck is direct deposit?
Is he paid semi-monthly or bi-weekly?
- SlickterpLv 79 years ago
If he didn't actually work, he doesn't earn vacation time. That's pretty basic.
If he doesn't like the pay, he needs to get a new job. The employer may change his pay at any time, all the way down to minimum wage.
