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Overtime On Prevailing Wage Job

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Overtime On Prevailing Wage Job

Postby Rutley » Sat Nov 19, 2016 11:34 am

My husbands company just had a meeting a week before thanksgiving to inform them that they will no longer receive holiday pay.  They also said that the superintendents(my husband) would be classified as salaried now.  They are in every way treated like an hourly employee, paid hourly, have to take a vacation day to take off work, can not get paid when sick, etc. EXCEPT for overtime.  It doesn't matter if they want him to work 70 hours a week he only gets paid for 40 hours.  He works in skilled trades and is currently working on a prevailing wage job in the state of KY.He is not the main Superintendent running the job, he is running one aspect of it. Another superintendent is in charge of the companies whole project.  Is this legal to not pay him overtime?
Rutley
 
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Overtime On Prevailing Wage Job

Postby Deveon » Mon Nov 21, 2016 1:29 am

There are specific conditions which must be met by the company before the employee can be classified as salaried exempt. These conditions are set by the Department of Labor under the FLSA(Fair Labor Standards Act). If these conditions are met and the job is classified as salaried exempt it is legal. Salaried exempt do have to use vacation if they are off work a day. If they are sick they can use sick pay if available, or vacation pay, however if they have no time they cannot be docked. Also if the salaried exempt works part of the day they must be paid for the whole day. If there is a question as to whether or not his job meets the standards to be classified as salaried exempt you can call your local department of labor and ask them to audit his job as to salary/hourly classification to see if it is correctly classified.

If the job is found to be misclassified the Department of Labor will make the company continue to pay him hourly and they will have to pay him overtime.

Shirley
Deveon
 
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Overtime On Prevailing Wage Job

Postby Sayre » Tue Nov 22, 2016 10:56 am

My husbands company just had a meeting a week before thanksgiving to inform them that they will no longer receive holiday pay.  They also said that the superintendents(my husband) would be classified as salaried now.  They are in every way treated like an hourly employee, paid hourly, have to take a vacation day to take off work, can not get paid when sick, etc. EXCEPT for overtime.  It doesn't matter if they want him to work 70 hours a week he only gets paid for 40 hours.  He works in skilled trades and is currently working on a prevailing wage job in the state of KY.He is not the main Superintendent running the job, he is running one aspect of it. Another superintendent is in charge of the companies whole project.  Is this legal to not pay him overtime?
Sayre
 
Posts: 32
Joined: Sat Mar 29, 2014 9:18 pm


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