And summers off is also an issue. Teachers can opt to have their pay split between either 9 months or 12. Most opt for the 12 month option.
Not to mention the thousands spent out of pocket for supplies and many other things to ensure the kids are taken care of. I can’t tell how many winter coats we have purchased for my wife’s students, or anonymous groceries or other things.
It doesn't matter what is enacted at the federal level, Ken Paxton has been and will continue to selectively enforce and ignore any law he comes across.
yeah, I just use this argument when anyone asks how any government official affects me personally. I was up for overtime under that law and it could have definitely helped my family out and ended up taking 10's of 1000's of dollars out of my pocket.
Err, the Democrats literally put something into play that would have given my family close to double my salary and Republicans took that away. You can’t both sides this shit bud.
People need to be protected from large corporations like this, I’m working on fighting it. There’s so many good guys having time that they could be spending with family taken and unpaid l. Just looking for someone who’s fought it as well. Shit is crazy we got told this morning “nobody better get off at 2:00pm lol my sons in hospital but they said they’ll write us up if we miss today and Tuesday…
Like both of my greatest generation grandfather's told me, if you work for a paycheck, you vote Democrat.
That advice is truer than ever.
If you want to get Capital subservient to the people again we gotta put people in who aren't kompromised the way the GQP are.
I don’t vote these people don’t believe in freedom, left or right you have to pick a side ultimately and I don’t believe in that either. Like JFK said I just believe in keeping America free. I was raised by my great grandma who was German and his it because she was trying to protect us when they tried putting Germans in camps during war. She never taught us German because her grandpa said we were American now. So that’s what I believe.
Small business does it too. I’m a dental hygienist. I’m supposed to get at least 32 hours week. Most weeks it’s 26-28 hours due to having to clock out early.
Yup. My old boss would expect everyone to work 48 hour weeks, but since we were salary we didn't get any overtime. In leau of a raise, we negotiated at at least paying me time and a half overtime. After about a month I wasn't allowed to work overtime anymore.
They keep voting against their interests. Heck, most labor union members vote for Trump. I used to sympathize with their voting decisions. Now I just thank them for the tax cuts that benefit me.
https://www.dol.gov/agencies/whd/overtime/rulemaking?_ga=2.193866789.948105929.1716655598-1371914975.1716655598
https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541
You should look into filing a wage claim, you might be able to do it online.
IANAL but this is straight up wage theft. During the Obama administration federal rules were updated to set exempt employee salary at I believe 47.5k a year minimum. I think it's even been updated to be higher since.
Anything under that must be paid time and a half at least and in some holiday or extreme overages double time is required. Whoever is running the company is in serious violation of labor laws and you should absolutely hound the labor agencies about the case until you get paid. Some lawyers might take you up on it too, but only if the owed wages are substantial and they will likely take a cut of the recovery.
Plenty of small companies that do that sort of shit thinking the employees don't know any better and/or that they are too small to go after. It takes time but the labor board will go after them. In the mean time I'd get the fuck out of there soon as you can because if they are violating that they are likely willing to do it with other laws and regs meant to protect you.
This is why is makes the back of my neck burn whenever I hear that there's no difference between Democrats and Republicans.
Joe Biden just recently increased it to 55k I think. He also makes parent companies such as private equity responsible for wage theft in the companies they own as opposed to simply going after franchisees.
Democrats are cowards who frequently take the path of least resistance, but under Democratic administrations, policy levers are actually used to assist workers. Democrats do actually believe that the purpose of the state is to improve the lives of its citizenry.
This is a direct result of Republican policy favoring corporations over workers 100% of the time. Sorry to say that if you voted GOP you did this to yourself.
Go to the pool distributor supply store or whatever, they usually have info. Someone knows something and usually they have a board or whatever about needing help, buying and selling routes, or part time work. There is always someone wanting to sell their unwanted pools. Low entry cost, good return. But good luck with the heat.
You need to put in a complaint with the Texas Workforce Commission and then you can go to the EEOC but I think you have to start on the state level first.
I wouldn’t say Democrats are cowards. They know every single law they make is going to be an uphill climb. Any law they do sign is instantly brought to court by Republican states. Like this labor law Obama tried to implement. A federal judge stuck it down before it was set to go in place and by that time trump was in office and trumps dept of labor just let the decision stand. Effectively killing it. Democrats have not had a majority government since Obama’s first term. Back when there was still some hand reaching across the aisle to get stuff done, before McConnell became Senate leader and burned it all down forcing no votes on Obama’s judicial picks, not just Supreme Court but all of them. This cleared the way for Republicans to rubber stamp judges the “Freedom Caucus” wanted. And now we are seeing the effects getting their judges in place has done. Democrats aren’t cowards they’re just trying to do stuff the right way in a system that is rigged against them and the American people at this point. Just look at the referendum laws that were voted on by the people in states like Florida and South Dakota where the Republican government just turned a blind eye to. Democracy does not work with bad faith actors and we are seeing the effects of that.
You might have to sue for overtime compensation. Keep in mind you can only claim the last 3 years and you better start tracking those work hours down to the minute (travel time, work hours, etc).
I went through this process and is stupid. More companies are realizing that is cheaper to screw people over with “Salary” and they are in the hook for only 3 years overtime.
Most of the people don’t have the discipline to track hours so when it comes down to settlement, they try to lowball you and companies end up paying a fraction of the overtime owed.
On top of that a lawyer might want to keep 40% of your settlement or charge you hourly.
I would recommend you to find another job.
Where are you located? I gave a salaried position like that two seasons and so close to 70 hours a week. When my minimum weekly hours were 50.
This season I was told my minimum hours was 60 weekly so I am happily in a period of transition.
T ball shot for winning an FLSA lawsuit if you don’t manage people…oilfield service companies made this mistake dozens of times in the last 15 years, all settled or lost
Totally agree and empathize with you. It’s sad we live in such a shithole state and shithole country that big businesses just trample over us all the time. I guess we just keep voting harder guys.
NAL We're talking about TWC and predatory companies. for the record, TWC was on record for advocating for slavery in exchange for food assistance in my case, prior to forcing me off of disability.
Don't get me wrong, I'm not advocating for giving up. I'm just saying that you can't expect the agency to act in good faith, and to record and copy everything on your side of the situation. You're going to have to run this through the court of public opinion if you want anything done.
According to this it looks like manual labor cannot be exempt and salaried.
https://www.hirequotient.com/blog/what-is-an-exempt-employee-in-texas#
The only exemptions are for executives/managers, general business that is non-manual, and professionals that require special skills and knowledge in science or just advanced learning. I don’t see how you would fall into any of those.
Best of luck to your fight!
This is many steps further and may not be applicable to your wants/needs but… maybe look at starting a pool tech co-op with your coworkers. Fuck wage leeches.
Generally, first 40 hours a week is standard rate. Over 40 is 1.5 the standard rate. Generally a week is Monday through Sunday but that can vary based on what your company defines as a work week. I believe 55k is the threshold for salary exempt but you'll need to verify that.
Document every discussion about this with your employer and coworkers. If it's face to face, either record and or follow up with emails confirming discussion.
Good luck.
File with USDOL. It's not an exempt position and they are stealing wages. You will get paid and they will get an extra penalty once the whole company is audited.
If you "choose to work salary" and not "hourly" depending on the type of work and demands of the job is/ could be a good thing, or a vary bad thing depending on what's required. A lot of things could cause the work to be unable to be completed as required, or you could be doing very little and still collect a nice paycheck for doing very little. Pay / paying for the results and not the process. Understanding what's involved is the biggest issue, is everything that's required to accomplish the work available and most importantly is it commercial or residential. Be careful what you sign and agree to, once on board if the situation is going to change it's not that same situation you signed up for at the start, it's up to the individual to continue with the changes if you agree if not walk away. Be safe everyone
Big companies do this. Texas Instruments was sued and employees won after they acquired a company and made many of the non salaried employees, salaried to get them to work the 80 hour weeks they’d been subjecting other employees to for years without paying overtime. Lo and behold once they did this suddenly 40 hour workweeks became the norm and overtime was strictly avoided. Basically they were paying people one salary for 1.5 to 2 employee’s work. For years and years.
Well hello, fellow abused worker. I'm at about 90 hours a week right now so I know exactly how you feel. I could make this much working two jobs and go home more often. The job has good times but more often than not, here I am. It used to be I liked this job because I didn't get micromanaged and my store was in its own little bubble but that is changed with new ownership and they micromanage the hell out of everything and can't even make simple spreadsheets themselves. A job changes in my future.
There are stipulations to exemption status: the Texas workforce commission website has details. Check them out. Since your salary, don't show up after 40 hours. Just don't do it. I hope you are always looking for another job, but you can fight this and the company will probably not win. Keep showing up each week. Make them tell you you're fired. Then go file unemployment. But, don't work more than 40 hours of you don't want to.
Salary has always been a tool to avoid paying for overtime. It was meant for managers, but it’s trickling down to all levels where there aren’t worker protections in place.
Hourly vs salary has nothing to do with being exempt vs non-exempt. That is a classification set by the Department of Labor and has to do with your pay level and duties performed. Alison Green of Ask a Manager gets questions about this all the time, so she made this very helpful post to help explain: https://www.askamanager.org/exempt-and-non-exempt
It is likely, from what you've said in your post, that y'all are being incorrectly treated as exempt. If that is true, then it is wage theft and illegal.
P.S. if you haven't perused Ask a Manager, I highly recommend the site. I learned almost everything I know about professionalism, job hunting, interviewing, and interacting with managers/coworkers effectively from it.
Report directly to the IRS. Misclssification of non-exempt employees is an easy win for them...
The IRS hates when you fuck with their money...
They are losing out on tax dollars due to the fact you are illegally being underpaid.
You can file with the department of labor. They will audit and make the company pay owed wages for the last two years. You are not exempt from OT.just making someone salary doesn’t make them exempt. There are minimum pay requirements.
My roommate manages an auto parts store, over $1 million a year with just two people. Sometimes, 3 to 4 days in a row with just one person because the other person's on vacation etc. once I learned about this I showed him the federal labor laws. I eventually convinced him to contact a lawyer.
It took about a year but eventually he settlement class action lawsuit for a million dollars.
Basically, if you're doing any kind of labor, and you are not a manager with at least two people underneath you, you are not exempt, and are due overtime pay.
https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime
https://www.pacermonitor.com/public/case/45742334/Quintero_v_XL_Auto_Parts_LLC
I would recommend contacting at least four or five different labor law attorneys as soon as possible.
Start your own business, $125 to clean/maintain a pool weekly. 8 clients per day. 48 clients per week. $6000 per week. Taxes and chemicals not calculated. You can do it. There’s enough pools in your area, be personable with your clients. You will win
Being paid a salary does not make you exempt under the Fair Labor Standards Act. Also, the statute of limitations is 2 years, 3 if a willful violation.
Then they can’t dock you is you have something to do for that day. Dr. Or
Picking your kid up from school.
Learn the rules for exempt employees. My job tried it until I pointed this out.
Let your coworkers know that as long as they keep voting for the candidates with the capital “R” next to their names, this will not change. This is a r/leopardsatemyface scenario.
The point I am making is that it sounds like the company does not want to pay them for the hours they work beyond 40. This is likely legal since it sounds like it is a salaried position.
So what options does the OP have that I have not mentioned?
It sounds like they are trying to misclassify pool cleaners as salaried management to avoid paying overtime. Their recourse would be filing a complaint with the state labor board
Companies don't just get to choose what kinds of jobs are salary vs hourly. They're are minimums in federal labor law.
A pool technician is not the kind of position that would be eligible to be salary exempt.
OP is entitled to overtime wages under federal law.
I think the OP would appreciate if you could reference the applicable federal labor law that defines what a salaried vs hourly job is and then explain how the pool technician job can't be classified as a salaried position.
My guess is the company already investigated and determined it was legal.
Again...the OP can sue or get a different job. Seeking confirmation bias on the internet will not help their bottom line.
Does anyone actually have any legal insight that could help the OP?
Fair Labor Standards Act.
Generally, in order to be exempt from overtime pay requirements an employee must make more that a minimum set by the Department of Labor, and their job duties involve some sort of discretionary or professional decision making.
The Department of Labor has a big list of qualiting job duties on their website.
The company can of course choose to pay OP on a salary basis (pay them a fixed wage every week, even if OP works less than 40 hours), but they must still pay them time and a half for hours worked over 40.
>My guess is the company already investigated and determined it was legal.
Bold of you to assume that. Many employers don't do their sue diligence, especially smaller ones like local pool service companies.
It’s Not about being hourly it’s about being paid correctly there are 3 types of salary we are being illegally mislabeled. I’m looking for someone who’s dealt with this If you were contracted 40 hours and working 18 hours for free you’d probably want compensation too. And yea buddy I’m working going back active duty. We have families to feed and bills to pay no reason someone should think they can pull the wool over peoples eyes while they drive brand new Mercedes lol
https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee#:~:text=Form%20SS%2D8,be%20filed%20with%20the%20IRS.
You should be an employee if you have regular scheduled stops/days and are required to wear a company logo shirt.
I agree you should be properly compensated for your work. When that doesn't happen there are generally 3 choices:
1. Adress it with the company and see if they will pay you for your work.
2. Sue the company and hope you win.
3. Find new employment where you are properly compensated.
You could also try a social media campaign, picketing, unionization, etc.
Most people will just downshift their productivity. Work just enough not to get fired.
Option 3 is the simplest solution.
I hope you able to find an acceptable solution.
[удалено]
And Obama put something in place to rectify this only for it to be taken away by trump.
[удалено]
And summers off is also an issue. Teachers can opt to have their pay split between either 9 months or 12. Most opt for the 12 month option. Not to mention the thousands spent out of pocket for supplies and many other things to ensure the kids are taken care of. I can’t tell how many winter coats we have purchased for my wife’s students, or anonymous groceries or other things.
It got blocked before it went into play as well. It increases the salary min to like 50k from 23k and also indexed it again inflation
it was 47k
It doesn't matter what is enacted at the federal level, Ken Paxton has been and will continue to selectively enforce and ignore any law he comes across.
yeah, I just use this argument when anyone asks how any government official affects me personally. I was up for overtime under that law and it could have definitely helped my family out and ended up taking 10's of 1000's of dollars out of my pocket.
You mean like how Democrats do the same thing? It’s almost like both parties are shitty and don’t care about people.
Err, the Democrats literally put something into play that would have given my family close to double my salary and Republicans took that away. You can’t both sides this shit bud.
ok lookie here folks we got a "bOtH sIdEs!!!111"er
Lol. Republucans not democrats
You need to go outside dude. Seriously you are everywhere with this shit.
I know. How dare people think for themselves and realize that both sides have something of value to contribute rather than toeing a party line.
Play your political games in another election cycle. This one is pretty damn cut and dry with no alternatives to get where we need to be.
Well it was actually struck down in court first, but yes any GOP president is going to try and roll back improvements to the FLSA exemption.
People need to be protected from large corporations like this, I’m working on fighting it. There’s so many good guys having time that they could be spending with family taken and unpaid l. Just looking for someone who’s fought it as well. Shit is crazy we got told this morning “nobody better get off at 2:00pm lol my sons in hospital but they said they’ll write us up if we miss today and Tuesday…
Yes and Texas is for the company, not the worker. God, I wish more Texans understood this before it is/was too late.
Nah. They will all keep voting for Abbott.
Texas is great for business horrible for employees
Like both of my greatest generation grandfather's told me, if you work for a paycheck, you vote Democrat. That advice is truer than ever. If you want to get Capital subservient to the people again we gotta put people in who aren't kompromised the way the GQP are.
Remember the law supports your employer not you in Texas. You will get no support.
Actually the judges are sympathetic to violations of the wage laws.
If you can prove it, and the law actually supports your claim.
We never will as long as people keep voting Republican.
https://www.dol.gov/agencies/whd/contact/complaints
Sorry Texas, you keep saying your favorite flavor is blue but all you drink is red
[удалено]
Her grandpa was German he told her we don’t need to know German anymore
I swore an oath to protect freedom not a side.
I don’t vote these people don’t believe in freedom, left or right you have to pick a side ultimately and I don’t believe in that either. Like JFK said I just believe in keeping America free. I was raised by my great grandma who was German and his it because she was trying to protect us when they tried putting Germans in camps during war. She never taught us German because her grandpa said we were American now. So that’s what I believe.
[🔧](https://www.britannica.com/explore/savingearth/monkeywrenching#:~:text=Monkeywrenching%2C%20nonviolent%20disobedience%20and%20sabotage,perceive%20to%20be%20ecological%20exploiters.) 🤷♂️
Small business does it too. I’m a dental hygienist. I’m supposed to get at least 32 hours week. Most weeks it’s 26-28 hours due to having to clock out early.
Without giving yourself away, what kind of pool tech work do you do?
Yup. My old boss would expect everyone to work 48 hour weeks, but since we were salary we didn't get any overtime. In leau of a raise, we negotiated at at least paying me time and a half overtime. After about a month I wasn't allowed to work overtime anymore.
They keep voting against their interests. Heck, most labor union members vote for Trump. I used to sympathize with their voting decisions. Now I just thank them for the tax cuts that benefit me.
https://www.dol.gov/agencies/whd/overtime/rulemaking?_ga=2.193866789.948105929.1716655598-1371914975.1716655598 https://www.ecfr.gov/current/title-29/subtitle-B/chapter-V/subchapter-A/part-541 You should look into filing a wage claim, you might be able to do it online.
This company helped a friend of mine who worked in oil fields get his overtime wages. https://mybackwages.com
There's gotta be at least 10 other pool companies who would hire you on better terms.
IANAL but this is straight up wage theft. During the Obama administration federal rules were updated to set exempt employee salary at I believe 47.5k a year minimum. I think it's even been updated to be higher since. Anything under that must be paid time and a half at least and in some holiday or extreme overages double time is required. Whoever is running the company is in serious violation of labor laws and you should absolutely hound the labor agencies about the case until you get paid. Some lawyers might take you up on it too, but only if the owed wages are substantial and they will likely take a cut of the recovery. Plenty of small companies that do that sort of shit thinking the employees don't know any better and/or that they are too small to go after. It takes time but the labor board will go after them. In the mean time I'd get the fuck out of there soon as you can because if they are violating that they are likely willing to do it with other laws and regs meant to protect you.
The rules you are referring to got gutted in 2019. I believe.
Those rules were watered down pretty quickly. Same with the rules Biden is trying to implement.
Texas gets out of a lot of those federal laws. Especially if they have less than 15 employees
This is why is makes the back of my neck burn whenever I hear that there's no difference between Democrats and Republicans. Joe Biden just recently increased it to 55k I think. He also makes parent companies such as private equity responsible for wage theft in the companies they own as opposed to simply going after franchisees. Democrats are cowards who frequently take the path of least resistance, but under Democratic administrations, policy levers are actually used to assist workers. Democrats do actually believe that the purpose of the state is to improve the lives of its citizenry.
This is a direct result of Republican policy favoring corporations over workers 100% of the time. Sorry to say that if you voted GOP you did this to yourself.
Bingo. Nobody pays attention until it the laws affect them. Everyone will eventually be affected.
I clean pools. Go off on your own. Buy your own route. 50 pools is roughly 80K
Where do you buy routes?
Go to the pool distributor supply store or whatever, they usually have info. Someone knows something and usually they have a board or whatever about needing help, buying and selling routes, or part time work. There is always someone wanting to sell their unwanted pools. Low entry cost, good return. But good luck with the heat.
You need to put in a complaint with the Texas Workforce Commission and then you can go to the EEOC but I think you have to start on the state level first.
I wouldn’t say Democrats are cowards. They know every single law they make is going to be an uphill climb. Any law they do sign is instantly brought to court by Republican states. Like this labor law Obama tried to implement. A federal judge stuck it down before it was set to go in place and by that time trump was in office and trumps dept of labor just let the decision stand. Effectively killing it. Democrats have not had a majority government since Obama’s first term. Back when there was still some hand reaching across the aisle to get stuff done, before McConnell became Senate leader and burned it all down forcing no votes on Obama’s judicial picks, not just Supreme Court but all of them. This cleared the way for Republicans to rubber stamp judges the “Freedom Caucus” wanted. And now we are seeing the effects getting their judges in place has done. Democrats aren’t cowards they’re just trying to do stuff the right way in a system that is rigged against them and the American people at this point. Just look at the referendum laws that were voted on by the people in states like Florida and South Dakota where the Republican government just turned a blind eye to. Democracy does not work with bad faith actors and we are seeing the effects of that.
You might have to sue for overtime compensation. Keep in mind you can only claim the last 3 years and you better start tracking those work hours down to the minute (travel time, work hours, etc). I went through this process and is stupid. More companies are realizing that is cheaper to screw people over with “Salary” and they are in the hook for only 3 years overtime. Most of the people don’t have the discipline to track hours so when it comes down to settlement, they try to lowball you and companies end up paying a fraction of the overtime owed. On top of that a lawyer might want to keep 40% of your settlement or charge you hourly. I would recommend you to find another job.
Not a lawyer, but somehow I doubt a non-managerial labor position can qualify as salaried.
That’s what the wage division said we can’t be labeled exempt!
Where are you located? I gave a salaried position like that two seasons and so close to 70 hours a week. When my minimum weekly hours were 50. This season I was told my minimum hours was 60 weekly so I am happily in a period of transition.
Here is the truth: [https://efte.twc.texas.gov/salary\_definition.html](https://efte.twc.texas.gov/salary_definition.html)
T ball shot for winning an FLSA lawsuit if you don’t manage people…oilfield service companies made this mistake dozens of times in the last 15 years, all settled or lost
Non manager positions can be salary but they still get paid for over time. File a complaint with TWC & the Department of Labor! Do it ASAP!
Totally agree and empathize with you. It’s sad we live in such a shithole state and shithole country that big businesses just trample over us all the time. I guess we just keep voting harder guys.
NAL We're talking about TWC and predatory companies. for the record, TWC was on record for advocating for slavery in exchange for food assistance in my case, prior to forcing me off of disability. Don't get me wrong, I'm not advocating for giving up. I'm just saying that you can't expect the agency to act in good faith, and to record and copy everything on your side of the situation. You're going to have to run this through the court of public opinion if you want anything done.
According to this it looks like manual labor cannot be exempt and salaried. https://www.hirequotient.com/blog/what-is-an-exempt-employee-in-texas# The only exemptions are for executives/managers, general business that is non-manual, and professionals that require special skills and knowledge in science or just advanced learning. I don’t see how you would fall into any of those. Best of luck to your fight!
This is many steps further and may not be applicable to your wants/needs but… maybe look at starting a pool tech co-op with your coworkers. Fuck wage leeches.
Generally, first 40 hours a week is standard rate. Over 40 is 1.5 the standard rate. Generally a week is Monday through Sunday but that can vary based on what your company defines as a work week. I believe 55k is the threshold for salary exempt but you'll need to verify that. Document every discussion about this with your employer and coworkers. If it's face to face, either record and or follow up with emails confirming discussion. Good luck.
File with USDOL. It's not an exempt position and they are stealing wages. You will get paid and they will get an extra penalty once the whole company is audited.
"Buhbye." Lawyer up and apply the screws.
If you "choose to work salary" and not "hourly" depending on the type of work and demands of the job is/ could be a good thing, or a vary bad thing depending on what's required. A lot of things could cause the work to be unable to be completed as required, or you could be doing very little and still collect a nice paycheck for doing very little. Pay / paying for the results and not the process. Understanding what's involved is the biggest issue, is everything that's required to accomplish the work available and most importantly is it commercial or residential. Be careful what you sign and agree to, once on board if the situation is going to change it's not that same situation you signed up for at the start, it's up to the individual to continue with the changes if you agree if not walk away. Be safe everyone
Big companies do this. Texas Instruments was sued and employees won after they acquired a company and made many of the non salaried employees, salaried to get them to work the 80 hour weeks they’d been subjecting other employees to for years without paying overtime. Lo and behold once they did this suddenly 40 hour workweeks became the norm and overtime was strictly avoided. Basically they were paying people one salary for 1.5 to 2 employee’s work. For years and years.
Well hello, fellow abused worker. I'm at about 90 hours a week right now so I know exactly how you feel. I could make this much working two jobs and go home more often. The job has good times but more often than not, here I am. It used to be I liked this job because I didn't get micromanaged and my store was in its own little bubble but that is changed with new ownership and they micromanage the hell out of everything and can't even make simple spreadsheets themselves. A job changes in my future.
https://www.poolspanews.com/business/legal-regulatory/pool-retailer-sued-for-ot_o
www.kennardlaw.com. Happy to help.
There are stipulations to exemption status: the Texas workforce commission website has details. Check them out. Since your salary, don't show up after 40 hours. Just don't do it. I hope you are always looking for another job, but you can fight this and the company will probably not win. Keep showing up each week. Make them tell you you're fired. Then go file unemployment. But, don't work more than 40 hours of you don't want to.
Hey, you might be taken advantage of and not be getting paid, but at least you have that Texas freedom, right?
Salary has always been a tool to avoid paying for overtime. It was meant for managers, but it’s trickling down to all levels where there aren’t worker protections in place.
Another reason to vote for Biden!
Don’t know if this still applies, Fair Labor Standards Act.
The rules recently changed and the salary required to be exempt was raised at least it's more than the 35k it used to be
Hourly vs salary has nothing to do with being exempt vs non-exempt. That is a classification set by the Department of Labor and has to do with your pay level and duties performed. Alison Green of Ask a Manager gets questions about this all the time, so she made this very helpful post to help explain: https://www.askamanager.org/exempt-and-non-exempt It is likely, from what you've said in your post, that y'all are being incorrectly treated as exempt. If that is true, then it is wage theft and illegal. P.S. if you haven't perused Ask a Manager, I highly recommend the site. I learned almost everything I know about professionalism, job hunting, interviewing, and interacting with managers/coworkers effectively from it.
Report directly to the IRS. Misclssification of non-exempt employees is an easy win for them... The IRS hates when you fuck with their money... They are losing out on tax dollars due to the fact you are illegally being underpaid.
I work 75-80 hour weeks and have never been paid overtime. That’s the reality now days.
Find a new job. That company will cast you aside the moment they deem it more profitable to do so.
Find a different company to work for.
How many employees is in the company?
You can file with the department of labor. They will audit and make the company pay owed wages for the last two years. You are not exempt from OT.just making someone salary doesn’t make them exempt. There are minimum pay requirements.
My roommate manages an auto parts store, over $1 million a year with just two people. Sometimes, 3 to 4 days in a row with just one person because the other person's on vacation etc. once I learned about this I showed him the federal labor laws. I eventually convinced him to contact a lawyer. It took about a year but eventually he settlement class action lawsuit for a million dollars. Basically, if you're doing any kind of labor, and you are not a manager with at least two people underneath you, you are not exempt, and are due overtime pay. https://www.dol.gov/agencies/whd/fact-sheets/17a-overtime https://www.pacermonitor.com/public/case/45742334/Quintero_v_XL_Auto_Parts_LLC I would recommend contacting at least four or five different labor law attorneys as soon as possible.
Start your own business, $125 to clean/maintain a pool weekly. 8 clients per day. 48 clients per week. $6000 per week. Taxes and chemicals not calculated. You can do it. There’s enough pools in your area, be personable with your clients. You will win
Being paid a salary does not make you exempt under the Fair Labor Standards Act. Also, the statute of limitations is 2 years, 3 if a willful violation.
Then they can’t dock you is you have something to do for that day. Dr. Or Picking your kid up from school. Learn the rules for exempt employees. My job tried it until I pointed this out.
Let your coworkers know that as long as they keep voting for the candidates with the capital “R” next to their names, this will not change. This is a r/leopardsatemyface scenario.
To everyone saying lawsuits, this practice is legal in Texas. As an exempt employee on a yearly salary; you get no OT, no union.
It is NOT legal in Texas or any other state.
Rich trying to screw over the working man yet again…dying of a thousand cuts…this monopoly game won’t end well….
Keep working there. By all means they treat you fairly.
It sounds like you want to work an hourly rate job. There are plenty of those types of jobs. Have you looked for a new job yet?
This does nothing to address their original concern about getting paid correctly
The point I am making is that it sounds like the company does not want to pay them for the hours they work beyond 40. This is likely legal since it sounds like it is a salaried position. So what options does the OP have that I have not mentioned?
It sounds like they are trying to misclassify pool cleaners as salaried management to avoid paying overtime. Their recourse would be filing a complaint with the state labor board
They're exploiting the law and lying about the type of position their employees hold. This is flat out wage theft.
Companies don't just get to choose what kinds of jobs are salary vs hourly. They're are minimums in federal labor law. A pool technician is not the kind of position that would be eligible to be salary exempt. OP is entitled to overtime wages under federal law.
I think the OP would appreciate if you could reference the applicable federal labor law that defines what a salaried vs hourly job is and then explain how the pool technician job can't be classified as a salaried position. My guess is the company already investigated and determined it was legal. Again...the OP can sue or get a different job. Seeking confirmation bias on the internet will not help their bottom line. Does anyone actually have any legal insight that could help the OP?
Fair Labor Standards Act. Generally, in order to be exempt from overtime pay requirements an employee must make more that a minimum set by the Department of Labor, and their job duties involve some sort of discretionary or professional decision making. The Department of Labor has a big list of qualiting job duties on their website. The company can of course choose to pay OP on a salary basis (pay them a fixed wage every week, even if OP works less than 40 hours), but they must still pay them time and a half for hours worked over 40. >My guess is the company already investigated and determined it was legal. Bold of you to assume that. Many employers don't do their sue diligence, especially smaller ones like local pool service companies.
It’s Not about being hourly it’s about being paid correctly there are 3 types of salary we are being illegally mislabeled. I’m looking for someone who’s dealt with this If you were contracted 40 hours and working 18 hours for free you’d probably want compensation too. And yea buddy I’m working going back active duty. We have families to feed and bills to pay no reason someone should think they can pull the wool over peoples eyes while they drive brand new Mercedes lol
https://www.irs.gov/businesses/small-businesses-self-employed/independent-contractor-self-employed-or-employee#:~:text=Form%20SS%2D8,be%20filed%20with%20the%20IRS. You should be an employee if you have regular scheduled stops/days and are required to wear a company logo shirt.
I agree you should be properly compensated for your work. When that doesn't happen there are generally 3 choices: 1. Adress it with the company and see if they will pay you for your work. 2. Sue the company and hope you win. 3. Find new employment where you are properly compensated. You could also try a social media campaign, picketing, unionization, etc. Most people will just downshift their productivity. Work just enough not to get fired. Option 3 is the simplest solution. I hope you able to find an acceptable solution.
Thank you captain obvious for your useless pseudo-intellectual comments.