if you are being paid salary....

Discussion in 'Lawn Mowing' started by bobbygedd, Nov 5, 2004.

  1. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Posts: 10,178

    here's the scene: you are an employee. you are paid salary, $500 a week, usually days range anywhere from 10-12 hrs,starting at 8 am, with at least 25% being travel time from job to job. you tell your employer that the truck is acting up. he ignores you. you continue to tell him it's running bad, makes weird noises. you been telling him for weeks, he doesn't even look into it. he sends you to do a job, quite a distance, 2 hrs drive time each way. you pick up the materials, and head out. you get the job done. you get back into the truck to come home, it doesn't start.the policy is, you do not abandon the vehicle without instructions. you call your employer, over and over, you get an answering machine. it's now 10 pm, 11 pm, midnight....still the boss doesn't call you back. in fact, he's at a bar getting sloshed. 1:30 am, he calls you back. tells you to leave the truck, call a cab, he will pay for the cab. BUT, he insists you are to report to work at 8 am as usual. you argue, then agree. you finally get home at 4 am. you show up for work at 8 am. you speak with him in his office, and explain that this was pure negligence on his part. you've been telling him for weeks that the truck is acting up, he ignored you. you tell him you expect to be paid extra for sitting in the truck, in another state, till 1:30 am. he declines, saying you are on salary, period. you tell him you will not work until he agrees to pay you extra for the incident. he tells you that you are fired, get out. you file a complaint with the dept of labor that you were not paid properly cus of this incident, and that you were unjustly terminated. what is the outcome?
     
  2. WigginsLandscaping

    WigginsLandscaping LawnSite Member
    Posts: 103

    My guess. You get paid in the end for your time but still out of a job. Should've kept your mouth shut and delt with it. My guess is that you are salary and get paid when it rains or when you cant work b/c of weather and it all should work out in the end. My guess anyway. Sure he probably should've called you back earlier but to corner the boss is always a no-win situation.
     
  3. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Posts: 10,178

    let me clarify, this isn't lawn work. it's inside work, so there's always work rain or shine
     
  4. GreenMonster

    GreenMonster LawnSite Silver Member
    from NH
    Posts: 2,702

    Maybe now, Bobby, you will start to listen to your employees. :D
     
  5. WigginsLandscaping

    WigginsLandscaping LawnSite Member
    Posts: 103

    I guess I am confused then. Why were you out in the truck. Either way if it were me which it isnt. But if it were. I would have tried to call a couple of times and then left the truck regardless. Delt with it the next day. Sometimes common sense should come into play.
     
  6. jim dailey

    jim dailey LawnSite Senior Member
    Posts: 614

    Booby, you have way too much time on your hands. Where, how and when do you dream-up some of this stuff? I thought your customers were keeping you busy...what happened?
     
  7. bobbygedd

    bobbygedd LawnSite Fanatic
    from NJ
    Posts: 10,178

    my wifes brother worked for a carpet instalation company. this is a real life scenerio, THIS REALLY HAPPENED! can anyone guess the outcome?
     
  8. Richard Martin

    Richard Martin LawnSite Fanatic
    Posts: 14,700

    The result is you're screwed. You should be able to collect unemployment though. Any kind of complaint regarding misclassifying hourly workers into salaried workers or any kind of employer abuse of salaried workers falls on deaf ears and are usually handled through civil lawsuits. It took years to get McDonalds to stop abusing the salary laws and the Walmart employees are still getting screwed. A single complaint by one employee is going nowhere.
     
  9. MMLawn

    MMLawn LawnSite Gold Member
    Posts: 3,569

    Actually it's real simple. If the employee is NOT a Supervisor of others with the full ablility to hire and fire on his own (that is the Standard and the Test the Gov uses to decide if they are TRUELY in Management) then he CANNOT be paid via salary and must be paid overtime and he will win the case and the employer will pay as the Federal Law is very clear on this. If he IS a qualifing Supervisory/Mangement employee then he does not have to be paid for the time.

    You can pay a non-management employee a salary but in doing so it most equal minimum wage at least and you CANNOT work him more 40 hours per work without paying him time and a half overtime, even on a so called "salary" and the Fed's and State's will rule that every single time.
     
  10. NickN

    NickN LawnSite Bronze Member
    from Alabama
    Posts: 1,010

    MMLawn,
    Trust me,that is not true.I once worked for a company in a non-management position as a salary employee.We were required to work overtime on Saturdays and were not paid.It's not the most ethical way to do business,but it is within the law.This company even held our 401k contributions for 90 days before depositing so that they could "earn" the interest on it.Again,not ethical since it was OUR money,but totally within the law.
    I always wondered why we had a lawyer,hired full time, on site.
    I'm betting Bobby's brother in law didn't get paid.
     

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