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-   -   They say I am not salary, but why don't I get paid hourly? (https://www.askmehelpdesk.com/showthread.php?t=142123)

  • Oct 18, 2007, 08:03 AM
    Pkennedy1982
    They say I am not salary, but why don't I get paid hourly?
    https://www.askmehelpdesk.com/payrol...0-a-79955.html

    My question, is similar to the link above, but I am still not understanding this!

    I work a total of 37.5 hours a week... No overtime! The same hours each week! Overtime is given if it is necessary to get something done that is crucial... which is two weeks out of my year!

    Ok... I work 37.5 hours a week, the company says that I am not salary, but I get paid the same amount on the 15th and the end of the month, but my hours worked in two weeks vary from paycheck to paycheck. Example: 82.5 hours, 90 hours, 75 hours, 82.5 hours67.5 hours 97.5 hours... and so on... If I worked 90 hours. Or even 97... shouldn't I get paid for the overtime if I am not salary?. but they say... it's like salary... but I am not salary. Are they just trying to screw me and not pay me overtime? They explain it like it all evens out each year, but how or what do I do to find out if they are not screwing me over?

    Please Help... Thanks so much!
  • Oct 18, 2007, 08:08 AM
    CaptainRich
    Check with your payroll office. You should have understood your pay status when you were hired.
    I'd also contact the Labor Board in the state where you work and inquire with them. Try to get copies of your time sheets and dicuss this with them.
    Good luck!
  • Oct 18, 2007, 08:23 AM
    Pkennedy1982
    Thanks so much for your help!
  • Oct 18, 2007, 08:28 AM
    ScottGem
    If you get paid on the 15th and the EOM then your paychecks WILL vary based on the number of days during those periods. Overtime is calculated on a daily or weekly basis. More that 8 hours during a day or more that 37.5 hours a week might be considered OT. But lets take this month for example. The 15th fell on a Monday. There were 11 working days in that period, so you should have been paid for 82.5 hours. However, there are 12 days in the second half of the month which means 90 hours.
  • Oct 18, 2007, 08:32 AM
    Pkennedy1982
    Quote:
    Originally Posted by ScottGem
    If you get paid on the 15th and the EOM then your paychecks WILL vary based on the number of days during those periods. Overtime is calculated on a daily or weekly basis. More that 8 hours during a day or more that 37.5 hours a week might be considered OT. But lets take this month for example. The 15th fell on a Monday. There were 11 working days in that period, so you should have been paid for 82.5 hours. However, there are 12 days in the second half of the month which means 90 hours.

    If I ask them to explain it to me... they will just say... it all evens out throughout the year, pay wise. I just think that I work more hours than what I get paid... I have a feeling that I should be getting more money!

    I will check out the labor board and show them all my pay stubs!
  • Oct 18, 2007, 08:37 AM
    ScottGem
    Did you understand what I was saying? You work (and get paid for) 7.5 hours a day. As long as the paycheck reflects the correct number of days for the pay period, then your pay is correct.

    From what you said, it sounds like it does.
  • Oct 18, 2007, 10:43 AM
    Pkennedy1982
    Quote:
    Originally Posted by ScottGem
    Did you understand what I was saying? You work (and get paid for) 7.5 hours a day. As long as the paycheck reflects the correct number of days for the pay period, then your pay is correct.

    From what you said, it sounds like it does.

    I understand, but if I work 7.5 hours a day, and the weekly hours to work max is 40 hours. Why are there 92 hours on my timesheets. Like this week is:

    October 15-19: 37.5 hours
    October 22-26: 37.5 hours
    October 29-31: 22.5 hours
    Total: 97.5 hours


    Shouldn't I get paid for the 17.5 Overtime?
  • Oct 18, 2007, 10:48 AM
    ebaines
    You stated that the pay you receive on the 15th and at the end of the month is the same. That tells me you are not being paid on an hourly basis. It would help us understand the situation better if you tell us what is your hourly wage rate, and how much do they pay you as wages in each paycheck?

    I suspect what they did was calculate the total hours in a year (about 1875, depending on vacations and holidays), multiply that by your hourly wage rate, then divide by 24 to get the semi-monthly pay amount. This would be the way that they would argue "it works out in the end." Not sure of the legality of it, however.
  • Oct 18, 2007, 10:50 AM
    ebaines
    Quote:
    Originally Posted by Pkennedy1982
    Shouldn't i get paid for the 17.5 Overtime?
    No - because you didn't work more than 40 hours in any week.
  • Oct 18, 2007, 10:52 AM
    ScottGem
    No, You should get paid for 90 hours.

    16-19, 22-26, 29-31.

    The 15th was on the previous paycheck so that doesn't count. Nor did you work more than 7.5 hours in any day or 37.5 hours in any week so there is no OT involved.
  • Oct 18, 2007, 11:06 AM
    Pkennedy1982
    Quote:
    Originally Posted by ebaines
    You stated that the pay you receive on the 15th and at the end of the month is the same. That tells me you are not being paid on an hourly basis. It would help us understand the situation better if you tell us what is your hourly wage rate, and how much do they pay you as wages in each paycheck?

    I suspect what they did was calculate the total hours in a year (about 1875, depending on vacations and holidays), multiply that by your hourly wage rate, then divide by 24 to get the semi-monthly pay amount. This would be the way that they would argue "it works out in the end." Not sure of the legality of it, however.

    They say that I make 27,100 Yearly

    My paychecks after before taxes are 1151.42

    I have my taxes where they only take out the minimum for right now... not sure if this helps.

    My paychecks after taxes are 914.93

    A lady at my work just said that if we didn't get paid the same amount each paycheck, then some paychecks will be less, some will be more. That's why they just keep it a sold steady pay.

    How do I find out if I am getting cheated on some money for the year?
  • Oct 18, 2007, 11:09 AM
    Pkennedy1982
    Quote:
    Originally Posted by ScottGem
    No, You should get paid for 90 hours.

    16-19, 22-26, 29-31.

    The 15th was on the previous paycheck so that doesn't count. Nor did you work more than 7.5 hours in any day or 37.5 hours in any week so there is no OT involved.

    Oh I see... So how do I find out if I get all my moneys worth in a year of pay?
  • Oct 18, 2007, 12:46 PM
    ebaines
    Your paychecks are $1151.42 each. Multiply that by 24 paychecks/year ,and you get $27,634/year, so it looks like they're actually paying you a little more than they say.

    I think all the discussion about being paid hourly is in case you ever do work overtime you can calculate how much additional they should pay you. At 37-1/2 hours/week, times 52.14 weeks/year, this means you make about $13.86/hour.
  • Oct 18, 2007, 02:10 PM
    KISS
    Another way to look at it is that you have an hourly rate for salary, but this doesn't mean your paid hourly.

    You can look at it as being paid to do a job, and if at times it requires "overtime", in many cases you won't get paid for it. Only if the employer believes it's over and beyond the normal requirement, might overtime be authorized.

    If there was a two week straight period that you worked 15 hrs/day, I'd consider asking for overtime.

    If 4x/month your asked to stay an extra hour, you don't get paid overtime or straight time for that.
  • Oct 18, 2007, 02:16 PM
    KISS
    ebaines:

    Are your calculations off? 52wks/yr divided by 2 paychecks/month = 26 paychecks/year
  • Oct 18, 2007, 02:26 PM
    ebaines
    Quote:
    Originally Posted by KeepItSimpleStupid
    ebaines:

    Are your calculations off? 52wks/yr divided by 2 paychecks/month = 26 paychecks/year
    No, my calculations are correct - he is paid twice monthly. 12 months/year times 2 checks/month = 24 pay checks.

    This is the crux of the problem - he is not paid bi-weekly, as one normally would expect for an hourly employee. If he was paid bi-weekly then he'd be averaging 26-1/7 checks/year (not counting leap years).
  • Oct 18, 2007, 02:49 PM
    Fr_Chuck
    You need to know your hourly pay amount, and keep a list of hours worked during that pay period, no they cannot just let it work out durngthe year.
  • Oct 18, 2007, 06:47 PM
    ScottGem
    Quote:
    Originally Posted by Pkennedy1982
    They say that i make 27,100 Yearly

    My paychecks after before taxes are 1151.42
    This doesn't make sense. You have told us that the number of hours varies from pay check to pay check which DOES make sense. But then it wouldn't make sense that your gross is the same each paycheck.

    If your annual salary is $27,100 then your hourly salary would be $13.90 per hour (27100/52/37.5). This means your gross pay for 10/15 would be $1146.75. It does appear that your hourly pay is a little higher ($13.95/hr). But again, each paycheck should be different depending on the number of days in the pay period.
  • Oct 18, 2007, 07:10 PM
    CaptainRich
    Frankly, if you're not happy with the pay based upon the work, or the work based upon the pay, quit!

    Find something more to your liking and make certain that you will be happy with the compensatation for your time.

    Unless you're under contract, you can just go... And, even then there are options...

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