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Old 02-09-2012, 03:12 PM
 
Location: New York
104 posts, read 342,189 times
Reputation: 108

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@ Sware2cod

I am thinking about that as well. What I do not want to get into again is working 50 to 60 hours per week at a job that is giving me more money. I am comfortable with both salaries, I just do not want to work a bunch of overtime without pay.

I have a kid at home and she has been through enough of mom and dad working late without eating dinner or getting help with homework so I want to make sure this time I do not fall into that same trap.

What I am concern with is that if the overtime is not several hours why not simple pay me for the few hours I would be working.
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Old 02-09-2012, 03:20 PM
 
Location: New York
104 posts, read 342,189 times
Reputation: 108
I do accounting and HR work, with an emphasis on Hourly Wage Law. I know base on my duties and titles for the state I live in I am to be paid time and half for anything worked over 40 hours.

Several companies do not like to pay this time and a half so they will misclassify the employee and have them work the extra hours without pay.

This has been confirmed with an attorney!!

I am comfortable with both salaries even though one salary is less. What I am concern with is this.

I put in notice to leave my most recent employer because they did the same thing. I have a child at home and I had to leave my child at home by herself because I was stuck in the office working without pay.

Of course I could not afford a sitter because I was not paid for the extra expense of working late.

So now that I have left an attorney is involve and went after them to settle for my money. I had several other offers when I took that job and I thought I was making the right choice however, it was the wrong choice.

So now I do not want to be nervous nelly but I dont want to work 15 hours overtime without pay
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Old 02-09-2012, 03:34 PM
 
Location: Port Charlotte, FL
230 posts, read 407,104 times
Reputation: 201
They have to pay you overtime if you are an hourly employee. Thats the law.

If you are salary then you are paid a flat rate no matter how many hours you work. Its not that they are not paying you for overtime.
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Old 02-09-2012, 03:50 PM
 
Location: New York
104 posts, read 342,189 times
Reputation: 108
@ JollyOgre

I have a Bachelor in HR Law and I have done Salary vs Hourly Wage law for 15 years and I have an entire firm that has recently sued an employer and won.

The law is as follows

[LEFT][/LEFT]
[SIZE=3]To qualify for the administrative employee exemption, all of the following tests must be met:
  • The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;
  • My wages is above 455 per week
  • The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and
  • The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.
My primary duties do not exercise discretion and independent judgement with respect to matters of significance. Because I report to a supervisor and I am not license as a Cert. Public Accountant. I do not have independent judgment of matters of significance. This has already been proven in a court of law and I won the case hands down.

Overtime cases are sometimes tricky because they can be interpreted differently in different states. In the state I live and work, I am justify for overtime for the work that I do because all of the above do not apply to me as a whole
[/SIZE]
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Old 02-09-2012, 03:52 PM
 
43,011 posts, read 107,997,463 times
Reputation: 30721
Quote:
Originally Posted by ILoveLI123 View Post
I do accounting and HR work, with an emphasis on Hourly Wage Law. I know base on my duties and titles for the state I live in I am to be paid time and half for anything worked over 40 hours.

Several companies do not like to pay this time and a half so they will misclassify the employee and have them work the extra hours without pay.

This has been confirmed with an attorney!!
Whoopie. I've been exempt for decades.

Don't work overtime if it bothers you so much.

Quote:
Originally Posted by ILoveLI123 View Post
I put in notice to leave my most recent employer because they did the same thing. I have a child at home and I had to leave my child at home by herself because I was stuck in the office working without pay.

Of course I could not afford a sitter because I was not paid for the extra expense of working late.
Consider the extra 9k your overtime pay and use it to pay for a sitter.

For an extra 9k per year at 15 extra hours per week, it comes to $11.54/hour.

Sure, that's not time and a half for overtime but it would certainly pay for a babysitter.
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Old 02-09-2012, 03:59 PM
 
Location: New York
104 posts, read 342,189 times
Reputation: 108
Quote:
Originally Posted by Hopes View Post
Whoopie. I've been exempt for decades.

Sorry Hope but you working exempt for decades has nothing to do with me

Don't work overtime if it bothers you so much.

2nd if I wanted to work without being paid for it I would volunteer my services not ask for a wage.


Consider the extra 9k your overtime pay and use it to pay for a sitter.

3rd I dont know about you but I did not pour 40k into my education to not be compensated. If you do not value your skills then that is your business but I happen to value my skills.

For an extra 9k per year at 15 extra hours per week, it comes to $11.54/hour.

Sure, that's not time and a half for overtime but it would certainly pay for a babysitter.
Hope were do you live because that wouldnt put 2 gallons worth of gas in my car never less pay for a babysitter for my kid
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Old 02-09-2012, 04:03 PM
 
Location: New York
104 posts, read 342,189 times
Reputation: 108
You know I do not understand how we can do 5 years of schooling 25 years of work and not require our just do from a company.

If you call me for an interview and check my references offer me a job then I am pretty sure I have something to offer you. Give me my just do dont lie to me since you want me to not lie to you. I cannot look at a company financial before I accept the job but you can pull my reference and compare me to other candidates I dont have a problem with that so let keep it fair.

I post on this board to assist me in making a choice, I look at each person hear with fairness but please dont ask me to settle because you choose to settle.

Thank you
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Old 02-09-2012, 04:04 PM
 
43,011 posts, read 107,997,463 times
Reputation: 30721
You need to quit complaining and look for other job offers. This job pays 9k more than the other job. Stop looking at yourself as a lowly hourly person and look at the big picture. In the end, what you earn over the year makes a bigger difference than what you earn per hour. If you're not happy with these two offers, don't accept either of them. I personally think it would be foolish to take a job that pays 9k less. You're cheating yourself out of 9k. You have no guarantees that you'll make 9k in overtime at the other job and in the end you'll simply be making less money. If you want to devalue yourself that way, it's your business, but you posted a thread here and I'm offering my opinion. If you're so desperate for money as a single parent, I'd think you'd want to take the job that offers the most money. You can't be forced to work overtime. Take the job paying 9k more and get your work done within 40 hours per week. Problem solved.
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Old 02-09-2012, 04:08 PM
 
43,011 posts, read 107,997,463 times
Reputation: 30721
Quote:
Originally Posted by ILoveLI123 View Post
I post on this board to assist me in making a choice, I look at each person hear with fairness but please dont ask me to settle because you choose to settle.
I didn't settle. I've made damn good money.

Maybe that extra 9k is only taking you up to a measily annual salary.

I can't help you if you're earning such a low wage that overtime pay makes a difference in your life.

Most people classified as exempt make very good salary and use comp time for days off.

If that doesn't apply to you, don't accept either job and keep looking.
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Old 02-09-2012, 04:15 PM
 
Location: New York
104 posts, read 342,189 times
Reputation: 108
Quote:
Originally Posted by Hopes View Post
You need to quit complaining and look for other job offers. This job pays 9k more than the other job. Stop looking at yourself as a lowly hourly person and look at the big picture. In the end, what you earn over the year makes a bigger difference than what you earn per hour. If you're not happy with these two offers, don't accept either of them. I personally think it would be foolish to take a job that pays 9k less. You're cheating yourself out of 9k. You have no guarantees that you'll make 9k in overtime at the other job and in the end you'll simply be making less money. If you want to devalue yourself that way, it's your business, but you posted a thread here and I'm offering my opinion. If you're so desperate for money as a single parent, I'd think you'd want to take the job that offers the most money. You can't be forced to work overtime. Take the job paying 9k more and get your work done within 40 hours per week. Problem solved.

I am not complaining first off. 2nd off I am comfortable with both salaries 3rd Who said anything about me being a single parent I am married for 20+ years. 4th most employers that tell you to work overtime want you to work overtime so yes they can force you to work overtime.

Did you read the whole thread or did you see 9k more and gave your input.

I dont intend to be rude however, I was very surprise to see you response in this matter. Because you comment on the last 3 offers I had before I took the job I resigned from the job I had. I gave up a company I really should have went with and had to move on so I do not want to make the same mistake twice.
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