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duhme · Sep 14, 2009, 05:38 AM

OK basis, : employeed by a company who pays salary on a 32hr week but work 40 the extra eight hours is offered as a pooled bonus at $8 an hr over a 4 week period which could be a total of 4x8=32 bonus hours at $8 an hour paid 1 time monthly. Employer pays for motel room and 15$ a day per-diem to eat on when your out of town (90% of time).
employer supplies work vehicle to perform duties. *Question : out of town 90% of year travel time in company truck, min 3hrs driving max 9hrs driving, 2 times a week for entire year. Example( leaving Sunday driving 8hrs to job in company vehicle, work there all week drive 8hrs home to office, and repeat the next week for upwards of 5 months in 1 place.)employer does not count any driving time although in company vehicle does not even count driving time toward bonus hours. So left only with salary and if your lucky enuff to get in 40 hours a week for 4 weeks a bonus. Is this lawful to pay salary in order to avoid so paying so much driving time? Accumulated driving time for year of 2008 340hrs

excon · Sep 14, 2009, 05:44 AM

Hello d:

I think they're cheating you... The question is, what do you want to DO about it. IF you sue, you might win, but you'll lose your job.

excon

duhme · Sep 14, 2009, 08:27 AM

Originally Posted by excon

Hello d:

I think they're cheating you... The question is, what do you want to DO about it. IF you sue, you might win, but you'll lose your job.

excon

I've already put in a 2 week notice been at this job for 4 yrs and you figure 4 yrs worth of driving time, I've been offered a more decent job in another state.. should I sue and what would be the grounds? State of employment Alabama.

ballengerb1 · Sep 14, 2009, 08:40 AM

If you were salaried you have nothing to sue for, you agreed to these employments stiplulations when you started, right? It may be set up to benefit them and not you but, if salaried its legal. Do you have a contract? This really does not sound like a salried situation if they accumulate bonus hours at $8 per hour.

excon · Sep 14, 2009, 08:59 AM

Hello d:

There's a concept in the law called "estoppel". If means if you recognized a wrong being perpetrated against you, but did NOTHING at the time, you are stopped from complaining about it now. I don't know if it applies in this case...

I'd run it by a few lawyers. If it looks like a slam dunk, you'll find a lawyer to represent you on a contingency basis... That means you don't pay unless you win... In either case, you'll learn a great deal.

excon

duhme · Sep 14, 2009, 09:15 AM

Originally Posted by ballengerb1

If you were salaried you have nothing to sue for, you agreed to these employments stiplulations when you started, right? It may be set up to benefit them and not you but, if salaried its legal. Do you have a contract? This really does not sound like a salried situation if they accumulate bonus hours at $8 per hour.

No when I was hired there was no contract these are just simply the regulations that where explained to me. This job was weather orientated and lets say if I only worked 24 hrs one week then 40 the next those 8 hrs I got that week would be accrued to the 24 hour week the week before to make it a 32 hr week based on a 1000 dollar salary bimonthly 1st and 15th

duhme · Sep 14, 2009, 09:20 AM

It was never explained that driving time would ever be an issue and never be accounted in the 8hr bonus stipulation therefore I went into the job thinking that my driving time would count if I were travelling in a company truck and the drive was 6hrs or more one way.

excon · Sep 14, 2009, 09:23 AM

Hello again, d:

I still think you were cheated. Assuming there are LOTS of other workers who are being screwed too, it makes your case easier to prove.

Many company's don't understand the trade offs between salaried workers and hourly ones. They try to take every advantage that a salary offers them, but they don't provide the advantages that a salary offers the employee.

excon

duhme · Sep 14, 2009, 09:45 AM

Originally Posted by excon

Hello again, d:

I still think you were cheated. Assuming there are LOTS of other workers who are being screwed too, it makes your case easier to prove.

Many company's don't understand the trade offs between salaried workers and hourly ones. They try to take every advantage that a salary offers them, but they don't provide the advantages that a salary offers the employee.

excon

Yes there are currently 10-15 employees and most of which have approached the bossman and put forth this issue to no avail his response is he pays our medical and dental and life ins. So its like we make 40bucks an hour. In reality only getting a paycheck for a salary which would equal 12bucks and hour.

ballengerb1 · Sep 14, 2009, 09:47 AM

Form a union

twinkiedooter · Sep 14, 2009, 04:00 PM

Originally Posted by duhme

yes there are currently 10-15 employees and most of which have approached the bossman and put forth this issue to no avail his response is he pays our medical and dental and life ins. so its like we make 40bucks an hour. in reality only getting a paycheck for a salary which would equal 12bucks and hour.

If you are getting medical, dental and life insurance paid by your company - right there you are wayyyy ahead of the game. If you had to pay for each item yourself you would definitely be way behind the eight ball.

I don't really understand the "bonus" monthly time thing, but I guess the company has it figured out.

It sounds complicated, but if there is no signed contract between you and the company, then you are agreeing to the way you are paid and the work you are paid to perform.