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Old 11-02-2018, 08:34 PM
 
2,188 posts, read 1,127,431 times
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Quote:
Originally Posted by fishbrains View Post
That isn’t the issue. There isn’t an exception in FLSA for an employer that pays more than their competitors.

OP took a job at a certain wage and benefit package, and it is very reasonable to assume that the employer follows the law. That isn’t happening.
Again, it's easy to try to live in a black-or-white world here on C-D. The reality is that, yes, that may be an issue in the gray area of real life.
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Old 11-02-2018, 11:00 PM
 
14 posts, read 9,876 times
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Quote:
Originally Posted by BumbleBeeHunter View Post
you'd think she could do some overtime since she's already paid for a portion of overtime in her regular paycheck.
Say what? Have you not read a single thing I've posted? I don't get paid anything for overtime. My boss doesn't pay overtime. Is that clear enough for you? Does it register? Do I need to say it again?
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Old 11-03-2018, 08:35 AM
 
9,807 posts, read 7,638,556 times
Reputation: 24419
Quote:
Originally Posted by Bellaboola View Post
Say what? Have you not read a single thing I've posted? I don't get paid anything for overtime. My boss doesn't pay overtime. Is that clear enough for you? Does it register? Do I need to say it again?
Are you going to keep working there or take one of the other offers now that you know this?
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Old 11-03-2018, 08:44 AM
 
Location: NW Indiana
44,312 posts, read 19,982,912 times
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People, dial down your tempers if you want this thread to remain open. I've deleted some personal attacks. Please discuss the topic civilly.
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Old 11-03-2018, 09:00 AM
 
14 posts, read 9,876 times
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Quote:
Originally Posted by KaraG View Post
Are you going to keep working there or take one of the other offers now that you know this?
Well, the State labor board should be contacting my employer soon with some information including the fact that a complaint was filed as well as informing him of the laws to which he must adhere. I would imagine things will change after that and we'll all start getting overtime. If I start receiving overtime I'll have no reason to quit.
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Old 11-03-2018, 09:10 AM
 
14 posts, read 9,876 times
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I'd also like to add that last week my boss praised me in the office for getting things back on track. One of the reasons I was hired was due to my experience in office management. I was expected to implement certain processes that I think are more efficient and functional for the entire office.

While these new systems were aggravating for a few of my coworkers, most of them are very happy since they now spend much less on inefficient tasks that really slow everything down. A couple of the long term workers there are not happy with me, however, because they now have to leave their comfy offices and interact with the rest of the team. They were used to residing in their little sanctuaries and barking instructions to the folks on the floor. Now, they are forced to respect each person as a vital part of the company.

They complained to my boss but he doesn't care about anything except money, and my management of the office makes him more money and makes his life easier.
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Old 11-03-2018, 10:34 AM
 
605 posts, read 334,127 times
Reputation: 648
Quote:
Originally Posted by Bellaboola View Post
Say what? Have you not read a single thing I've posted? I don't get paid anything for overtime. My boss doesn't pay overtime. Is that clear enough for you? Does it register? Do I need to say it again?
It was established long ago and repeated many times since.
Go back and read the posts.
It's ok, Fishbrains is having difficulty following along also yet making snide comments about others
in his failures. Such is life.
Since it's the title and topic of the thread, it would be repeated. This is out of order

"Since then, if you've read, that comp has turned into sick leave."
http://www.city-data.com/forum/53520811-post85.html

"But ....so it's still $105 for 13 hrs, which isn't much better. And if it is "sick time" then it is limited so that is a problem"
http://www.city-data.com/forum/53523784-post99.html

"She has called the ot "occasional" which I assume is once in a while. If I am paid a few dollars more per hour (at the very least, she is bringing in close to $20 an hour), you'd think she could do some overtime since she's already paid for a portion of overtime in her regular paycheck. "
http://www.city-data.com/forum/53538105-post108.html


Sounds like your boss is appreciating he hired you! Hopefully he can afford to just dock your regular pay to help offset the difference of the extra you receive and leave the others at their regular rate since they've been there longer. And just hold off on any raises he would've given. He may go into the red due to his past generosity of paying more than any competitor around though.


.

Last edited by BumbleBeeHunter; 11-03-2018 at 10:54 AM..
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Old 11-03-2018, 11:20 AM
 
3,200 posts, read 2,402,864 times
Reputation: 6307
Why should he dock her regular pay? She accepted the job at what he offered for 40 hours a week. She is non-exempt so if she works overtime her boss must pay OT. If he expected that job to be one that would require a large amount of overtime and didn't want to pay he should have made it salaried and not hourly and given her the required minimum salary of $47,476 (2016 data don't know if it has been changed). Currently @$20 an hour that would be $41,600 a year. I don't understand why everyone thinks $20 an hour for office manager is above the norm for someone with previous experience. I don't know if Colorado law allows the offering employee choice of OT pay or Comp time (which shouldn't be restricted) but I know that it is done in South Carolina at some companies as a friend sometimes chose to take comp time and sometimes chose to take OT pay when she worked OT but then the company didn't separate vacation vs. sick it was all lumped into PTO.
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Old 11-03-2018, 11:22 AM
 
605 posts, read 334,127 times
Reputation: 648
Quote:
Originally Posted by NorthofHere View Post
Why should he dock her regular pay? She accepted the job at what he offered for 40 hours a week. She is non-exempt so if she works overtime her boss must pay OT. If he expected that job to be one that would require a large amount of overtime and didn't want to pay he should have made it salaried and not hourly and given her the required minimum salary of $47,476 (2016 data don't know if it has been changed). Currently @$20 an hour that would be $41,600 a year. I don't understand why everyone thinks $20 an hour for office manager is above the norm for someone with previous experience. I don't know if Colorado law allows the offering employee choice of OT pay or Comp time (which shouldn't be restricted) but I know that it is done in South Carolina at some companies as a friend sometimes chose to take comp time and sometimes chose to take OT pay when she worked OT but then the company didn't separate vacation vs. sick it was all lumped into PTO.
I wrapped it up with the reason why already but here it is again below. He's giving more for each regular hour worked yet not reaping the financial benefits of such. He's had loyal good employees so far who appreciate his generosity placed within their regular time until now. So things could change.


"He may go into the red due to his past generosity of paying more than any competitor around though".
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Old 11-03-2018, 12:05 PM
 
3,200 posts, read 2,402,864 times
Reputation: 6307
Quote:
Originally Posted by BumbleBeeHunter View Post
I wrapped it up with the reason why already but here it is again below. He's giving more for each regular hour worked yet not reaping the financial benefits of such. He's had loyal good employees so far who appreciate his generosity placed within their regular time until now. So things could change.


"He may go into the red due to his past generosity of paying more than any competitor around though".
That matters not according to the law. He offers a set pay based on 40 hours, as a business owner he knows employment laws or should regarding overtime pay. I doubt the man will go into the red, but if something like this would do so then the jobs aren't secure in the first place. I also would not want to work for someone who feels it is ok to ignore the law as he sees fit regardless of how much he is paying me.

He is abusing the good will of his employees despite whether or not he pays them above the standard of the industry. In the future, indeed, he may either up the salaries to make many exempt employees if salary + OT is equal or more in a year and/or he may offer a lower starting salary to future employees. That's ok too, but it is not the concern of the OP. Her concern is that he follows the law and treats her fairly. He may eliminate future raises too, however, he will be hard pressed to cut their current salaries without a major uproar and possibly a charge of punishment for the reporting which could land him in jail.

Whether you would suck it up and not report is your business and I am not to tell you otherwise, the OP wanted to report but wanted to know if she was correct in her reading of the law.
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