Foo - Am I salaried or hourly flunky?

Got my paycheck deposited Friday from workplace. Wife calls and says, "You are $300 short on your deposit". I said WTF? Here it turns out the owner only paid the managers for 4 days the week of July 4th. Remeber it was on a Wednesday and we got off the 4th, 5th and 6th. [their idea] That was okay but I worked 4 hours on Thursday on an ongoing project, and my time slip reflected that. So now they are giving me the "bend over" on 1 day. He said "I paid you mangers an extra day for the holiday, what more you want?"

I say salary is salary. My pay is based on a yearly dollar amount divided by 52. If they ask me to work a Saturday or some overtime on a project or an emergency, I would not have even blinked an eye to ask for more pay. Am I being greedy? Or am I being all worried over nothing?

Input would be greatly appreciated.

IMO salary means no overtime, but should also mean you get paid for the holiday, like you said, annual salary divided by 52 weeks.

Ben Dover runs Payroll there too?

Sounds like your employer wants it both ways. Does he kiss you first?

Ben Dover runs Payroll there too?
you should send that one in to Tom and Ray (Click and Clack) on Car Talk.

you should send that one in to Tom and Ray (Click and Clack) on Car Talk.

Funny you should mention Click and Clack.....where do you think I stole the line from!:p

Remember: you don't owe them anything.

Funny you should mention Click and Clack.....where do you think I stole the line from!:p



There was a rock band back in the 80's that used to play the Islands in Lake Erie. [Yes there are islands AND cities in Lake Erie] They were called "Ben Dover and the Screamers" Awesome drunk times back then:beer:! I will never forget that name.

Sounds like your employer wants it both ways. Does he kiss you first?


No kissing or any physical contact.

I thought that was salary. Work extra, but only get paid for forty hours. That's how they get around OT at my job. They offer salary w/ a raise, but then you end up working more so you're probably earning less per hour than you were in the first place. I know it's not legit. Tomorrow is my Monday - I can't wait.

If they ever ask you to work past five tell em your wifes in the hospital because you couldn't afford a $300 prescription.

Here's a story for you. My manager and I were discussing raises. So he asked me what I wanted and he said a) that's a bit much but i'll see and b) you'll have to work more hours to justify a raise.
I'm like, ****, if I have to work more hours, then I'm not getting a raise at all.

As of August - 2004 the law changed regarding overtime for SALARIED employees. Unless you are management, you should be receiving overtime for all work over 40 hours.


New U.S. Department of Labor Regulations regarding overtime for salaried employees became effective on August 23, 2004. Employers should review their policies to determine whether they are in compliance with the new requirements.

All employees who are paid on an hourly basis will continue to be entitled to receive overtime pay at a rate of one and one-half their regular rate of pay for all hours worked in excess of forty (40) in a workweek.

The changes affect an employer’s obligation(s) to pay salaried employees overtime pay after forty (40) hours. Salaried employees who were exempt from overtime pay may not qualify for the exemption under the new regulations which provide the following:

1. Employees who are paid a salary of less than $455 a week ($23,660 a year) must be paid overtime regardless of their job duties and responsibilities.

2. Employees who are paid a salary of at least $455 a week are exempt from overtime pay requirements if they also meet the following test:

2.1 The employee’s primary duty is management of the business or a department or subdivision.

2.2 The employee customarily and regularly directs the work of two (2) or more employees.

2.3 The employee has the authority to hire or fire other employees or his/her suggestions and recommendations as to promotion, hiring, advancement or any other change of status of employees is given particular weight.

When determining whether an employee’s “primary duty” is management, you should look at the principal, main, major or most important duty that the employee performs. If an employee otherwise qualifies for the exemption, his/her concurrent performance of exempt [managerial] and non-exempt work does not disqualify him/her from the exemption. For example, an assistant manager may perform non-exempt work such as serving customers, cooking food, stocking shelves and cleaning, but his/her “primary duty” may still be management. Employees who spend more than 50% of their time performing exempt [managerial] work generally satisfy the “primary duty” test. An employee who spends less than 50% of his/her time performing non-exempt work may qualify for the exemption, but if he/she is subject to a lot of supervision and his/her pay is little more than a non-exempt employee’s, the likelihood is that he/she will be deemed non-exempt. Exempt employees generally have the ability to make the decisions when to perform nonexempt duties and remain responsible for the success or failure of business operations under their management while performing the nonexempt work.



An employee satisfies the test of “customarily and regularly” directing the work of others if he/she does so normally and recurrently every workweek and not just occasionally or on isolated or one-time occasion(s).

Finally, the regulations provide that a chef such as an executive chef and sous chef, who has attained a four (4) year specialized academic degree in a culinary arts program, is generally exempt from overtime under a separate exemption for “learned professionals.” This exemption is not available to cooks who perform predominantly routine mental, manual, mechanical or physical work. A chef who has not attained a degree may still be exempt if his/her primary duty requires invention, imagination, originality or talent, such as that involved in regularly creating or designing unique dishes and new items.

What is "Management"?

Generally, management includes, but is not limited to, activities such as interviewing, selecting and training of employees; setting and adjusting their rates of pay and hours of work; directing the work of employees; maintaining production or sales records for use in supervision or control; appraising employees’ productivity and efficiency for the purpose of recommending promotions or other changes in status; handling employee complaints and grievances; disciplining employees; planning the work; determining the techniques to be used; apportioning the work among employees; determining the type of materials, supplies, machinery, equipment or tools to be used or merchandise to be bought, stocked and sold; controlling the flow and distribution of materials or merchandise and supplies; providing for the safety and security of the employees or the property; planning and controlling the budget; and monitoring and implementing legal compliance measures.

As of August - 2004 the law changed regarding overtime for SALARIED employees. Unless you are management, you should be receiving overtime for all work over 40 hours.

They ****ed us over with this one:

2.3 The employee has the authority to hire or fire other employees or his/her suggestions and recommendations as to promotion, hiring, advancement or any other change of status of employees is given particular weight.

"What do you think of James?"
"I think he's doing an ok job."
"Sucker! No over time for you!"

I think you have a legitimate legal gripe. Salary is salary, no matter how many hours you worked (or did not work). Call or e-mail your local DoL and pose your situation to them.

And no, I'm not anti-management. Exempt employee only since 1979. Never had anyone attempt to do this to me, nor have I ever done this to anyone.

I can speak for the state of Texas, but I believe it is the same for Federal laws. It is a matter of how you are classified. If you are an Exempt (typically management and professional level positions) employee, that means you are exempt from overtime, and you would receive the same salary regardless of whether you worked more or less time. They can, however start to dock your pay if you miss days that are outside of the company specified PTO (paid time off, including vacation policies, or holiday pay policies). If you are a Non-Exempt (typically staff level positions) employee that is on salary, you would receive overtime for more hours worked, and less pay for less hours worked. It would defeat the purpose of salary, but this is usually instituted when a Non-Exempt is a 40 hour a week individual.

They ****ed us over with this one:


"What do you think of James?"
"I think he's doing an ok job."
"Sucker! No over time for you!"


Reread - PARTICULAR weight. That does not qualify. You have to be management, which is defined as the ability to hire and fire or to substantially effect the same.

If I was you, I would record every minute of overtime and when you leave, walk on down to the labor board and submit it. The labor board (if I use the right name for it) will then not only investigate your claim, but review the overall practices of the company.

Or, even better - give it to them just as you are leaving and say you expect it in your final check - if not, you will be visiting the Labor Board.

Reread - PARTICULAR weight. That does not qualify. You have to be management, which is defined as the ability to hire and fire or to substantially effect the same.

If I was you, I would record every minute of overtime and when you leave, walk on down to the labor board and submit it. The labor board (if I use the right name for it) will then not only investigate your claim, but review the overall practices of the company.

Or, even better - give it to them just as you are leaving and say you expect it in your final check - if not, you will be visiting the Labor Board.


Dude, your quote, when it mentioned the executive chef, mentioned something about 4 year degree's and 'trained professional' also being in the same pay situation as management, so something tells me that theres a loop hole that screws anyone who went to college.
"Finally, the regulations provide that a chef such as an executive chef and sous chef, who has attained a four (4) year specialized academic degree in a culinary arts program, is generally exempt from overtime under a separate exemption for “learned professionals.”

To the OP, I'm in a similar situation, I'm salaried, if I work 50 hours, I get payed for 40, if I work under 40, I get payed for 40, but it comes out of my vacation time. If I leave my job, and my vacation is in the red, it comes out of my last paycheck.

However, if they gave you the days off, not you requesting them off, I would assume they would be responsible for paying you, especially if you then worked thru some of them.

Given the amount of money we are talking - it would be worth talking to the labor board doncha think? I know I would. I have always considered it a stupid move by management to make their technical people (for example) work all sorts of overtime. It is counter-productive according to all studies I have read. It looks good on paper, but people's productivity really drop, especially since they feel they can justify being on BF all day since they don't really have a life outside of work. :rolleyes:

By the way, if you didn't know, I am a business owner - not an employee and we pay our salary people overtime here in Costa Rica. It isn't because I am particularly nice, I like to think it is because I realize how hard it is to get a good employee and to keep him/her.

By the way, if you didn't know, I am a business owner - not an employee and we pay our salary people overtime here in Costa Rica. It isn't because I am particularly nice, I like to think it is because I realize how hard it is to get a good employee and to keep him/her.

But when there are lots of other people to fill a job, the company will work em till they drop and just let them go when they begin to falter, and just hire another schlub.

If you are going to record every minute you are staying late then you are going to have to record every minute you aren't working also. On BF, no pay. Email, no pay. Getting a coffee, no pay. Five minutes extra at lunch, no pay. Snack, no pay. You get the idea. I have a feeling that in a work day, where you are getting paid for 8 hours, nobody works 8 hours. Before you take it to the Labor Board I would go ahead and accurately add up 4 weeks of work and see if you put in 160 hours of solid work. If the answer is no, I wouldn't go. Your boss would have a good case for not paying you. There are exceptions so if you feel that you do, this isn't directed at you. In the military, we are salary. 20 hours or 70 hours a week, you get what you get. There is no overtime. Ever. I disagree with the salary method. I like clocking in and clocking out. No black and white area, you are either paid or you aren't.