Labor Law violation? A personal story.

Renae · Oct 27, 2013

I work at for a company, big insurance/bank that services military members. But to work for them, I work for a contractor. The first employer I had got fired. They were sued for not paying us for breaks among other bad moves. New employer comes in, this is a foreign contract company. They made us salaried, non-exempt. All good, my pay jumped, good bennies. We work 5 days a week, 8 hours a day. They also chose to not pay for breaks, this was pointed out as why our last contractor was fired, so now we get a one hour lunch. With me so far? Good. Here's where it get's fubar. They have declared us "Flexible Work Week" employees. Thus if I work ANY overtime, it's paid at a .5x rate. Now according to the labor department, there are a few requirements to be FWW designated.

Traditionally, with a fluctuating workweek a salary is paid for all hours worked, with half time for all hours worked after 40 hours. Under the Fair Labor Standards Act (FLSA), employers utilizing this method must meet the following requirements:1. The employee’s hours must fluctuate from week to week both below and above 40
2. The employee must receive a fixed salary that does not vary according to the hours worked each week
3. The fixed weekly amount must exceed the minimum wage in any given week
4. The employer and employee must have a clear and mutual understanding that the employer will pay a fixed salary regardless of the hours actually worked

Labor: Paying salaried non-exempt employees using the fluctuating workweek method

They sent an HR rep after people voiced displeasure at this apparent violation of the law, and their answer was "you may take calls that last past then end of your shift, so your work week "flexes". The number of people talking lawyer is insane right now. This of course means that come the Holidays, good luck getting anyone to show up!

joG · Oct 27, 2013

MrVicchio said:
I work at for a company, big insurance/bank that services military members. But to work for them, I work for a contractor. The first employer I had got fired. They were sued for not paying us for breaks among other bad moves. New employer comes in, this is a foreign contract company. They made us salaried, non-exempt. All good, my pay jumped, good bennies. We work 5 days a week, 8 hours a day. They also chose to not pay for breaks, this was pointed out as why our last contractor was fired, so now we get a one hour lunch. With me so far? Good. Here's where it get's fubar. They have declared us "Flexible Work Week" employees. Thus if I work ANY overtime, it's paid at a .5x rate. Now according to the labor department, there are a few requirements to be FWW designated.

Labor: Paying salaried non-exempt employees using the fluctuating workweek method

They sent an HR rep after people voiced displeasure at this apparent violation of the law, and their answer was "you may take calls that last past then end of your shift, so your work week "flexes". The number of people talking lawyer is insane right now. This of course means that come the Holidays, good luck getting anyone to show up![/FONT][/COLOR]

Regulation such as work laws can be a mess. Often it destroys jobs, ups entrance costs and so reduces competition etc. Regulation and laws should always be temporary and have to be renewed from scratch after a predetermined period. If they are modified, they again are temporary. If they remain the same, they stay in place 50 percent longer than the time before. Etc.

KevinKohler · Oct 27, 2013

Your salaried. Your lucky your getting paid at all for hours worked past 40. God knows I don't.

ocean515 · Oct 27, 2013

MrVicchio said:
I work at for a company, big insurance/bank that services military members. But to work for them, I work for a contractor. The first employer I had got fired. They were sued for not paying us for breaks among other bad moves. New employer comes in, this is a foreign contract company. They made us salaried, non-exempt. All good, my pay jumped, good bennies. We work 5 days a week, 8 hours a day. They also chose to not pay for breaks, this was pointed out as why our last contractor was fired, so now we get a one hour lunch. With me so far? Good. Here's where it get's fubar. They have declared us "Flexible Work Week" employees. Thus if I work ANY overtime, it's paid at a .5x rate. Now according to the labor department, there are a few requirements to be FWW designated.

Labor: Paying salaried non-exempt employees using the fluctuating workweek method

They sent an HR rep after people voiced displeasure at this apparent violation of the law, and their answer was "you may take calls that last past then end of your shift, so your work week "flexes". The number of people talking lawyer is insane right now. This of course means that come the Holidays, good luck getting anyone to show up![/FONT][/COLOR]

As you wrote, when you went salaried, your income increased, etc.

Consider yourself fortunate you get paid for the time after 40hours.

The vast majority of salaried people don't get paid for the extra time.

Stop complaining.

Zariak · Oct 27, 2013

MrVicchio said:
I work at for a company, big insurance/bank that services military members. But to work for them, I work for a contractor. The first employer I had got fired. They were sued for not paying us for breaks among other bad moves. New employer comes in, this is a foreign contract company. They made us salaried, non-exempt. All good, my pay jumped, good bennies. We work 5 days a week, 8 hours a day. They also chose to not pay for breaks, this was pointed out as why our last contractor was fired, so now we get a one hour lunch. With me so far? Good. Here's where it get's fubar. They have declared us "Flexible Work Week" employees. Thus if I work ANY overtime, it's paid at a .5x rate. Now according to the labor department, there are a few requirements to be FWW designated.

Labor: Paying salaried non-exempt employees using the fluctuating workweek method

They sent an HR rep after people voiced displeasure at this apparent violation of the law, and their answer was "you may take calls that last past then end of your shift, so your work week "flexes". The number of people talking lawyer is insane right now. This of course means that come the Holidays, good luck getting anyone to show up![/FONT][/COLOR]

So you're disappointed in your employer for not following federal regulations, yet you are a conservative? Pretty ironic, if you ask me.

MaggieD · Oct 27, 2013

MrVicchio said:
I work at for a company, big insurance/bank that services military members. But to work for them, I work for a contractor. The first employer I had got fired. They were sued for not paying us for breaks among other bad moves. New employer comes in, this is a foreign contract company. They made us salaried, non-exempt. All good, my pay jumped, good bennies. We work 5 days a week, 8 hours a day. They also chose to not pay for breaks, this was pointed out as why our last contractor was fired, so now we get a one hour lunch. With me so far? Good. Here's where it get's fubar. They have declared us "Flexible Work Week" employees. Thus if I work ANY overtime, it's paid at a .5x rate. Now according to the labor department, there are a few requirements to be FWW designated.

Labor: Paying salaried non-exempt employees using the fluctuating workweek method

They sent an HR rep after people voiced displeasure at this apparent violation of the law, and their answer was "you may take calls that last past then end of your shift, so your work week "flexes". The number of people talking lawyer is insane right now. This of course means that come the Holidays, good luck getting anyone to show up![/FONT][/COLOR]

I would call your closest U.S. Dept of Labor office and ask who you can contact to make a complaint -- that you believe your employer is improperly designating you all as "flex workers."

Personally? I would not work for a company that only paid me half-time for overtime. Or....I wouldn't work the overtime under any circumstances.

KevinKohler · Oct 27, 2013

MaggieD said:
I would call your closest U.S. Dept of Labor office and ask who you can contact to make a complaint -- that you believe your employer is improperly designating you all as "flex workers."

Personally? I would not work for a company that only paid me half-time for overtime. Or....I wouldn't work the overtime under any circumstances.

More and more, unless you work in a trade that is typically unionized, accepting salary (overtime exemption) is the ONLY way you'll make more than 35-40k per year.

MaggieD · Oct 27, 2013

KevinKohler said:
More and more, unless you work in a trade that is typically unionized, accepting salary (overtime exemption) is the ONLY way you'll make more than 35-40k per year.

When I moved back from Door County, I almost took a job with a temporary agency. Their letter of intent to me, that I was required to sign to accept the job, made it clear 50-60 hour weeks were expected, for which there would be no compensation.

I didn't accept the job. Went into real estate instead. Still worked 60-70! hours a week. But on my own calendar and schedule. And made a potful more money than THAT job paid.

So I get it.

Renae · Oct 27, 2013

MaggieD said:
I would call your closest U.S. Dept of Labor office and ask who you can contact to make a complaint -- that you believe your employer is improperly designating you all as "flex workers."

Personally? I would not work for a company that only paid me half-time for overtime. Or....I wouldn't work the overtime under any circumstances.

Oh refuse to go past quitting time, and I will not work holidays. There are a number of lawyers already building a case against not only the contractor but the main company as well. Popcorn is at the ready.

I am not content to allow an employer to abuse the system to screw me or my fellow workers over. Am I happy I have a job? Yes! Do I like the higher pay? You bet! However, this off shore contractor is cheating us out of what we're due. It's quite outrageous.

Renae · Oct 27, 2013

MaggieD said:
When I moved back from Door County, I almost took a job with a temporary agency. Their letter of intent to me, that I was required to sign to accept the job, made it clear 50-60 hour weeks were expected, for which there would be no compensation.

I didn't accept the job. Went into real estate instead. Still worked 60-70! hours a week. But on my own calendar and schedule. And made a potful more money than THAT job paid.

So I get it.

I so want to go into real estate, just haven't the money to get started, working on it.

justabubba · Oct 27, 2013

MrVicchio said:
Oh refuse to go past quitting time, and I will not work holidays. There are a number of lawyers already building a case against not only the contractor but the main company as well. Popcorn is at the ready.

I am not content to allow an employer to abuse the system to screw me or my fellow workers over. Am I happy I have a job? Yes! Do I like the higher pay? You bet! However, this off shore contractor is cheating us out of what we're due. It's quite outrageous.

share with us exactly what it is the contractor is "cheating you out of"

MaggieD · Oct 27, 2013

MrVicchio said:
I so want to go into real estate, just haven't the money to get started, working on it.

Yeah, you really have to have a year's personal expenses in the bank to have a good chance at success. Go in it on a shoestring, and you're much more likely to fail. It is way to difficult to inspire trust in buyers when one is worried about earning a commission from their purchase. In fact, I'd say it's impossible for the average bear.

My broker told me that if I worked the plan, by the end of Year #1 I'd net $30,000. I did earn that, but almost all of it came in my 11th and 12th months in the business. The Realtor who mentored me told me that I should look at my first year's investment as a college education. She was right.

A Realtor's ultimate goal is to have 90% of their business coming from referrals. The younger you are when you get in the business, the better and longer your career. It's great fun . . . very hard work . . . LOTS of hours . . . lots of stress . . . but if you like taking a journey with people who are probably making the biggest decision of their lives and helping them through it? You'll love real estate.

I wish you good luck. I'd be glad to be a resource for you. I was very successful throughout my career.

Renae · Oct 27, 2013

justabubba said:
share with us exactly what it is the contractor is "cheating you out of"

Due pay for working overtime. They are abusing the law, to claim they don't have to pay us 1.5x over time. I make, in hourly rate, 16.3 an hour. Under their rules, I'd make 8.15 an hour for each hour of overtime, but it gets worse, with these rules, the MORE overtime I work, the lower the payment. For example, I worked ten hours on Labor day (at the time on a 4x10 schedule), under normal over time rules that should have been base pay +1.5x per hour. I got 22 dollars over for working the holiday.

22.

It should have been 224.5

Renae · Oct 27, 2013

MaggieD said:
Yeah, you really have to have a year's personal expenses in the bank to have a good chance at success. Go in it on a shoestring, and you're much more likely to fail. It is way to difficult to inspire trust in buyers when one is worried about earning a commission from their purchase. In fact, I'd say it's impossible for the average bear.

My broker told me that if I worked the plan, by the end of Year #1 I'd net $30,000. I did earn that, but almost all of it came in my 11th and 12th months in the business. The Realtor who mentored me told me that I should look at my first year's investment as a college education. She was right.

A Realtor's ultimate goal is to have 90% of their business coming from referrals. The younger you are when you get in the business, the better and longer your career. It's great fun . . . very hard work . . . LOTS of hours . . . lots of stress . . . but if you like taking a journey with people who are probably making the biggest decision of their lives and helping them through it? You'll love real estate.

I wish you good luck. I'd be glad to be a resource for you. I was very successful throughout my career.

Yeah I looked into working with Keller Williams, but the upfront costs and such plus the fact I'm mid 30's with a family put me off that, I'm saving up to make it my 40th birthday present

Utility Man · Oct 27, 2013

Put this in your pipe and smoke it.......

MrVicchio said:
Welcome folks to reality.

You, the worker, are an expendable asset to whatever company you work for. If you don't understand this, you need perspective.

It's not evil, it's not cruel. It's TRUTH.

You are hired to help provide said company with a service, your skills which helps said company, realize profits. Those profits are not for you, they are for those whom have a vested interest in the company, the investors.

Because let's face reality kids, companies don't get started on charity. Someone, or a group of people come up with an idea, called a business plan. They use this to attract investors who believe that plan will lead to profit. So they invest THEIR money for gain.

As the company grows, and is successful, more investors are drawn in. And thus more people are hired, like you. When there is an economic down turn, or the company runs into hard times through various factors from mis management to just bad luck... the people that placed their money into the company, the investors, get worried.

What the management get's faced with is often the choice between firing/laying off XX% of the company to increase profitability or having investors pull out, which could cause a run on the company and have it go out of business.

So You, the Worker, are an EXPENDABLE ASSET.

That's not evil, it's not "acidic". It's reality.

:lamo

Renae · Oct 27, 2013

Utility Man said:
Put this in your pipe and smoke it.......

:lamo

The point is, they are breaking labor laws, if they were within the law, I would have no complaint. But they are not, thus the point of the post.

sangha · Oct 27, 2013

MrVicchio said:
The point is, they are breaking labor laws, if they were within the law, I would have no complaint. But they are not, thus the point of the post.

You got pwned for your hypocrisy

Renae · Oct 27, 2013

sangha said:
You got pwned for your hypocrisy

What hypocrisy??

Muhammed · Oct 27, 2013

KevinKohler said:
Your salaried. Your lucky your getting paid at all for hours worked past 40. God knows I don't.

I almost fell for that trick when I was young and naive.

Zariak · Oct 29, 2013

MrVicchio said:
What hypocrisy??

You are fighting for your rights as a worker yet you are "very conservative"
Your party does not support your best interests, sorry to break it to you.

Renae · Oct 29, 2013

Zariak said:
You are fighting for your rights as a worker yet you are "very conservative"
Your party does not support your best interests, sorry to break it to you.

Rofl. That's a logical fallacy on your part there bub. I'm all for profit, I'm all for a successful company, I'm not for Unions or their vision of workers rights. If the company I work for was playing within the rules, I wouldn't say a word. If was really flexible work week i.e. work 50 hours one week, 30 the next 40 another and 10 another, I'd say nary a word. But they are not. thus my problem. Which is quite in line with conservative values. We have no problem with a company making a profit, as long as they are doing it within the rules, conversely that goes for workers actually working for their wages not the crap unions pull that destroy profit.

Zariak · Oct 29, 2013

MrVicchio said:
Rofl. That's a logical fallacy on your part there bub. I'm all for profit, I'm all for a successful company, I'm not for Unions or their vision of workers rights. If the company I work for was playing within the rules, I wouldn't say a word. If was really flexible work week i.e. work 50 hours one week, 30 the next 40 another and 10 another, I'd say nary a word. But they are not. thus my problem. Which is quite in line with conservative values. We have no problem with a company making a profit, as long as they are doing it within the rules, conversely that goes for workers actually working for their wages not the crap unions pull that destroy profit.

The rules? Do you know who defined the rules? The federal regulations? Making sure you get paid the over-time you deserve? Government making sure corporations do not exploit their workers?

It sure isn't the republican party fighting for your rights.

Renae · Oct 29, 2013

Zariak said:
The rules? Do you know who defined the rules? The federal regulations? Making sure you get paid the over-time you deserve? Government making sure corporations do not exploit their workers?

It sure isn't the republican party fighting for your rights.

You don't understand the Republican Party, specifically the Conservative wing of the party. If you did, you wouldn't make such silly statements.

You know where I live? Texas. My wife and I started our marriage with very little, making parely 30k together, now we're at 80k and rising. Hard work, tough choices, and saving our pennies.

Zariak · Oct 29, 2013

MrVicchio said:
You don't understand the Republican Party, specifically the Conservative wing of the party. If you did, you wouldn't make such silly statements.

You know where I live? Texas. My wife and I started our marriage with very little, making parely 30k together, now we're at 80k and rising. Hard work, tough choices, and saving our pennies.

Please explain how the Republican party is attributed to your success. If I am wrong about conservative principles, please tell me differently:

conservative principles
- smaller gov't
- less federal regulation
- supports small businesses
- supports large businesses
- supports corporations
- supports lower tax on the rich/CEOs
- dislike of unions

Am I correct?

Renae · Oct 29, 2013

Zariak said:
Please explain how the Republican party is attributed to your success. If I am wrong about conservative principles, please tell me differently:

conservative principles
- smaller gov't

Mean less taxes for all. Increases economic activity and freedom.

Zariak said:
- less federal regulation

Less wasted time filing paperwork and wasting resources complying with unprofitable mandates.

Zariak said:
- supports small businesses

Who happen to hire the most people as a whole in this country and oh, is the source of much entrapernural wealth cration.

Zariak said:
- supports large businesses

Yes, without which we wouldn't have many of the fine things in life we enjoy, and also are a source of income for millions.

Zariak said:
- supports corporations

Again, Corporations aren't bad, they are a way of people, generally investors to combine resources to gather... gasp PROFIT!

Zariak said:
- supports lower tax on the rich/CEOs

Yes, have you ever been hired by a poor person? Me neither.

Zariak said:
- dislike of unions

I loathe Unions. Once upon a time, they had a purpose, now? They force employers, and more and more it's public sector to spend more and more on "workers" and retirees which eventually force the cost of labor so high the companies MOVE off shore, go bankrupt.

Right to work is the only way to go.

Zariak said:
Am I correct?

You have the basics, but I imagine we view things differently.

Labor Law violation? A personal story.

Renae

joG

KevinKohler

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Utility Man

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