Is This Payroll Legal?

I am a salaried employee and my pay stub reflects 3pm-11pm. I am forced to work 1:30pm to midnight. I am deducted pay if I come in late or leave early. If I work 60 hours in a week I receive no extra compensation.

I work roughly 100-110 hours a paycheck but only receive pay for 80, if I take one day off I only receive pay for 72 hours. I am also required to work occasional Saturdays and the pay me an hourly rate that is less that what my salary averages out to hourly.

I am not a supervisor or in a supervisory role. I am in an entry level position and have been with the company for 6 months. I am forced to work overtime with no compensation and deducted pay for hours not worked even if the hours not worked were overtime hours. Is this legal?

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Contact your Local DOL Office
by: Best Business Payroll

Your situation is understandably frustrating, and we can see why you are questioning how you are being paid.

The Department of Labor's stand on your basic issue is as follows:

"Neither job titles nor job descriptions determine the exempt or nonexempt status of an employee. Whether any particular employee is exempt (not entitled to the minimum wage and overtime pay protections of the FLSA) is based on whether the employee's compensation and specific job duties meet all the requirements of the regulations for the particular exemption claimed. There can be no substitute for sound analytical judgment when evaluating whether a particular employee's job duties meet all the requirements for exemption."

Because we would need some more information to give a definitive answer, we suggest that you confidentially contact your local Department of Labor office and have them study the specifics of your situation for you. They will then be able to give you recommendations on how to approach your employer, or may even take matters into their own hands.

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