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Old 07-12-2016, 02:50 PM
 
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Husband is paid salary wage every two weeks. Pay is based on 8 hour workday. Most days he works 12-14 hours and always works at least ten. He is paid a bonus once a year but his overtime hours exceeds the amount of the bonus by April every year. How is this legal? He's basically working for free from April on. He works on a farm in Montana.
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Old 07-12-2016, 06:32 PM
 
Location: TN/NC
35,066 posts, read 31,293,790 times
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If he is under a certain wage, I think it's around $48k now, all salaried employees below that are now eligible for OT pay. Otherwise, he's just out of luck and needs to find other employment.
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Old 07-12-2016, 06:49 PM
 
34,045 posts, read 17,064,521 times
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Quote:
Originally Posted by Serious Conversation View Post
If he is under a certain wage, I think it's around $48k now, all salaried employees below that are now eligible for OT pay. Otherwise, he's just out of luck and needs to find other employment.


That is only proposed, not passed. Exempt minimum now is $455/wk or $23,660 per year.


On top of that, employees in farming are not covered by labor wage laws, as all other occupations are.


https://www.dol.gov/whd/regs/compliance/whdfs12.htm
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Old 07-12-2016, 07:17 PM
 
Location: JobHuntingHacker.com
928 posts, read 1,101,453 times
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Then he should go get a $200K job in Manhattan and work only 30 hrs a week.
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Old 07-12-2016, 07:39 PM
 
Location: USA
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Yes, that is why I choose to remain hourly.
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Old 07-12-2016, 07:44 PM
 
Location: TN/NC
35,066 posts, read 31,293,790 times
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Quote:
Originally Posted by BobNJ1960 View Post
That is only proposed, not passed. Exempt minimum now is $455/wk or $23,660 per year.

On top of that, employees in farming are not covered by labor wage laws, as all other occupations are.

https://www.dol.gov/whd/regs/compliance/whdfs12.htm
It appears it doesn't impact agricultural staff, but several SMB owners I know, especially those in restaurants and retail, are assuming this is coming into effect and are planning accordingly.
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Old 07-12-2016, 07:53 PM
 
34,045 posts, read 17,064,521 times
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Originally Posted by Serious Conversation View Post
It appears it doesn't impact agricultural staff, but several SMB owners I know, especially those in restaurants and retail, are assuming this is coming into effect and are planning accordingly.

It is an interesting situation. Obama can pass an order, which Congress can block via a 50% plus 1 vote from what I have read. Ultimately, in all likelihood as a lame duck post election, he will pass some smaller change to it they pre-emptively agree to.
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Old 07-13-2016, 04:58 PM
 
1,500 posts, read 2,901,711 times
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Quote:
Originally Posted by magoomafoo View Post
Husband is paid salary wage every two weeks. Pay is based on 8 hour workday. Most days he works 12-14 hours and always works at least ten. He is paid a bonus once a year but his overtime hours exceeds the amount of the bonus by April every year. How is this legal? He's basically working for free from April on. He works on a farm in Montana.
That's what "salary" is: same pay regardless of hours worked. The US has criteria around who does and doesn't get overtime, outlined here: Fair Labor Standards Act (FLSA) Coverage (Exempt vs. Non-Exempt -- The Online Wages, Hours and Overtime Pay Resource

A manual laborer would typically be given overtime based on the 'duties' criteria.

However, there are special rules for agricultural work, outlined here:
https://www.dol.gov/whd/regs/compliance/whdfs12.pdf
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Old 07-13-2016, 05:01 PM
 
Location: Los Angeles CA
1,637 posts, read 1,346,212 times
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And this is why I love to remain hourly than salary.
Because Employers want to take advantage of salaried paid employees for the most part,
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Old 07-13-2016, 05:39 PM
 
9,952 posts, read 6,674,272 times
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Quote:
Originally Posted by BobNJ1960 View Post
It is an interesting situation. Obama can pass an order, which Congress can block via a 50% plus 1 vote from what I have read. Ultimately, in all likelihood as a lame duck post election, he will pass some smaller change to it they pre-emptively agree to.
Huh? What does this have to do with Obama? This is a Department of Labor rule that has completed the rulemaking process successfully and will go into effect in December. There are many points along the way that interested stakeholders can comment and even file lawsuits on rules before they become final. Even after a rule becomes final following the loss at an administrative hearing, an appellate judge can still overturn an administrative law judge's ruling and invalidate a rule. A rule is only allowed to do very specific things.

https://www.dol.gov/whd/overtime/final2016/ - As you can see here, the DOL received hundreds of thousands of comments during the rulemaking process and people in that department likely have to go through and review all of them and make changes to the rule to reflect those changes.
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