Paid salary make less than minimum wage...legal?
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I work for a small business and I am on salary....I am given a yearly salary and they slip it up between 26 pay periods and that is what I get every two weeks...if I take my gross amout and divide it by the 80 hours I work in that payperiod it comes out to a little under $8 an hour....and as of Jan 1st that means I'm making under minimum wage...my question is...is that legal or does minimum wage only apply to people who get paid hourly.
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Answer:
Minimum wage has nothing to do with salary employees. I worked in a call center for over 3 1/2 years and when I divided my hours into how much I made I was being paid less than minimum wage. Salary jobs are only great when you work really close to 40 hours a week. This is one of the main reasons I went into business for myself and get to work from home. If you are interested in doing the same send me and email and I will hook you up with the information. Best Wishes, Rex White [email protected]
christai... at Yahoo! Answers Visit the source
Other answers
You should not be asking this question, because you have no reason to be working for less than minimum wage. Ask yourself why you would want to work for a company which disregards the needs of its employees - and then start asking other companies if they're hiring. Update: Don't waste your time arguing your worth with the people who are exploiting you. You cannot rely on anyone else to tell you what your time is worth - like many things in life, you must look out for your own needs (despite what others may tell you). Find a job that pays you in line with your skills and contributions - demand the pay you deserve and do not settle for anything less.
orisons
It may depend on the state you live in but, I believe they still have to pay you at least minimum wage because that is a federally mandated law. Call your labor department and question them about it. Also, depending on your state, it may be illegal to pay you salary unless you have the authority to hire & fire. (I understand that that is the law in NJ, where I used to live.) Please call the labor department so you know what the law is before doing anything.
Lorelle F
Hiring a lawyer for minor legal problems can be expensive, but there are websites like LawGuru, FindLaw and other places where you can get free legal advice. I found this website useful - http://www.uelp.org/freelegal.html
kitt e
yep Call the Dept of Labor
tony
No. Every worker must make minimum wage in the US, there is no exemption. They might not even be following overtime law exemptions correctly. Either contact Wage and Hour at the Department of Labor, or contact an employment law lawyer.
Dan H
If you want a raise, just start coming in late and leaving early and there you have an instant raise! You get paid no matter how many hours you are there right?
peilthetraveler
mimi
You may or may not be right in what you say--I take it you live either in California or Illinois where the state requirement is higher than the federal requirement of $5.85/hr. "Who Must Pay the Minimum Wage? The minimum wage law (the FLSA) applies to employees of enterprises that do at least $500,000 in business a year. It also applies to employees of smaller firms if the employees are engaged in interstate commerce or in the production of goods for commerce, such as employees who work in transportation or communications or who regularly use the mails or telephones for interstate communications. It also applies to employees of federal, state or local government agencies, hospitals and schools, and it generally applies to domestic workers. ... Younger Workers If you are under 20 years of age, you may be paid as little as $4.25 per hour during your first 90 consecutive calendar days of employment. Students, Apprentices and the Disabled Certain full-time students, student learners, apprentices, and workers with disabilities may be paid less than the minimum wage under special certificates issued by the Department of Labor. Workers Who Earn Tips Employers who allow workers to keep tips must pay a cash minimum wage of at least $2.13 per hour IF they claim a "tip credit" against their federal minimum wage obligation of $5.85 per hour. In other words, if your tips plus cash wages do not equal at least $5.85 per hour, your employer must make up the difference. Overtime Pay Federal law requires payment of at least 1-and-1/2 times your regular rate of pay for all hours worked over 40 in a workweek. Child Labor An employee must be at least 16 years old to work in most non-farm jobs and at least 18 to work in non-farm jobs declared hazardous by the Secretary of Labor. Persons 14 and 15 years old are allowed to work before or after school in some non-manufacturing, non-mining and non-hazardous jobs IF: They work no more than - 3 hours on a school day or 18 hours in a school week; 8 hours on a non-school day or 40 hours in a non-school week. Work may not begin before 7 a.m. or end after 7 p.m., except from June 1 through Labor Day, when evening hours are extended to 9 p.m. Different rules apply in agricultural employment. Other Special Exemptions Under the Fair Labor Standards Act of 1938 (FLSA), executive, administrative, professional, and outside sales employees are exempted from the minimum wage and overtime requirements of the FLSA, provided they meet certain tests regarding job duties and responsibilities and are compensated "on a salary basis." Minimum Wages in the States By law, states are allowed to establish their own minimum wages and regulations. However, anytime the state minimum wage differs from the federal minimum wage, the higher rate applies. For specifics and updates on the minimum wages and regulations in all 50 states and the District of Columbia, see: Minimum Wage Laws in the States from the U.S. Department of Labor. Enforcement of the Minimum Wage Law The Wage and Hour Division of the U.S. Department of Labor administers and enforces the Fair Labor Standards Act and, thus, the minimum wage with respect to private employment, State and local government employment, and Federal employees of the Library of Congress, U.S. Postal Service, Postal Rate Commission, and the Tennessee Valley Authority. The FLSA is enforced by the U.S. Office of Personnel Management for employees of other Executive Branch agencies, and by the U.S. Congress for covered employees of the Legislative Branch. Special rules apply to State and local government employment involving fire protection and law enforcement activities, volunteer services, and compensatory time off instead of cash overtime pay. For information on enforcement of state minimum wages and other state labor laws, see: State Labor Offices/State Laws, from the U.S. Employment Standards Administration To Report Suspected Violations Suspected violations are abuses of federal or state minimum wage laws should be reported directly to District Office of the U.S. Wage and Hour Division nearest you. For addresses and phone numbers, see: Wage and Hour Division District Office Locations" http://usgovinfo.about.com/blminimumwage.htm I wonder also if you took your full year's salary and divided by 26 pay periods of 80 hours a week because as you noted, you have vacation. I suspect if you have 2 weeks vacation and didn't pull that out that if you do recalculate you'd be over $8/hr. If so, I don't think that qualifies as being under the rate, though you can contact them and ask.
heyteach
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