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He needs to find out if this is an hourly position or a salaried position. If it's an hourly position the only thing that matters is the hourly rate. If salaried, the only thing that matters is the salary.
Most places try to avoid OT work...it wouldn't surprise me if once your friend started he only ended up working 40 hrs....the promise of 35k out the window.
It must be hourly; if it was salaried, there would be no differential for overtime. The OP has stated that there is, indeed, time and a half for the o.t. hours.
If an employer offers a position that pays $35,000 per year
and pays you hourly, should or do they have to disclose the hourly wage?
Your talking in circles.
$35,000 annual salary = 52 weekly checks @ $673.
The number of hours required is "negotiable"
Quote:
My friend works a position that pays him $35,000 a year.
The position pays $7.25 an hour with about 40% of those hours being overtime, or $10.37.
Yeah, that's a lot of hours to earn $35,000 per year!
Your friend has been deluded by the employer.
I suspect your friend is OK with that.
My friend works a position that pays him $35,000 a year. The position pays $7.25 an hour with about 40% of those hours being overtime, or $10.37. Yeah, that's a lot of hours to earn $35,000 per year!
I asked him if they ever broke down the hourly rate to him at hiring or since, he said they did not and in fact tried to keep everyone in his position from realizing they were indeed getting paid minimum wage.
That doesn't make sense. If he is getting overtime, he is an hourly NON-EXEMPT (simply means "not exempt from overtime rules") employee so they can't "hide" his hourly wage from him -- it would be on his paystubs.
I'm not defending the company BTW -- I just can't figure out how your friend could not know his own hourly rate if he is clearly an hourly employee.
That doesn't make sense. If he is getting overtime, he is an hourly NON-EXEMPT (simply means "not exempt from overtime rules") employee so they can't "hide" his hourly wage from him -- it would be on his paystubs.
I'm not defending the company BTW -- I just can't figure out how your friend could not know his own hourly rate if he is clearly an hourly employee.
The employer in question does not list the hourly wage on the check stub. They set criteria for different pay classifications. The job is NOT salary! The base pay rate is based on minimum wage, with obviously lots of OT hours involved. But even at the OT rate, he makes time and a half which is $10.37 per hour.
The job is marketed as, "$35,000 per year" and then lists the days and hours involved, but it's deceptive. He asked several co-workers who have been at the job for many years, if they know how much they make specifically per hour and no one could answer in detail.
He works about 80 hours per week. 55 of those hours are, "on your feet, working, moving, dealing with direct job issues." The other 25 hours are what is called a, "sleep shift" where he sleeps on the job site and is expected to deal with any issues that might arise during the, "sleep shift" those hours are paid at minimum wage, period.
The job is working at a major transitory trucking stop, with retail space, fuel, etc. the business is closed from midnight to 6am, when he sleeps, but sometimes people stop by not knowing the hours, etc and sometimes bad characters might poke around the place and he is expected to get up and check on any and all issues that might come up.
It's a twisted job, but he kinda likes it. I personally think it's a screwed up way to earn a living, but hey, to each his own. I tried to tell him, I do not think the way they pay him is legal.
The person would know their hourly rate the first time they got paid and saw their pay stub.
There is nothing illegal or unethical about an employers that tells a candidate the average amount made by the average worker. We see it all the time in ads that say "Make up to $50k a year." Notice the "up to" part. This is used a lot in jobs like sales or where overtime is common and encouraged. All of this fuzzy language happens early on in the application process.
When the employee is actually hired, they shouldn't begin work until they have a firm understanding of the details of how they will get paid. If there is any confusion, they need to keep asking questions.
I don't understand how an adult would not understand how their paycheck work.
You would think people would know how their checks work, but I have worked with people's finances in one way or another for 18 years, and have had to explain to people numerous times how their actual checks work. I have done this while doing someone's tax returns, arranging financing on a new house, and even with them financing a car. Some people take what their boss/company tells them and just goes with that when you talk to them, some not even realizing taxes are taken out of their paycheck.
That doesn't make sense. If he is getting overtime, he is an hourly NON-EXEMPT (simply means "not exempt from overtime rules") employee so they can't "hide" his hourly wage from him -- it would be on his paystubs.
I'm not defending the company BTW -- I just can't figure out how your friend could not know his own hourly rate if he is clearly an hourly employee.
You would be surprised at how many people never even look at their check stubs, I have had people hand me a month of check stubs still in sealed envelopes.
The employer in question does not list the hourly wage on the check stub. They set criteria for different pay classifications. The job is NOT salary! The base pay rate is based on minimum wage, with obviously lots of OT hours involved. But even at the OT rate, he makes time and a half which is $10.37 per hour.
The job is marketed as, "$35,000 per year" and then lists the days and hours involved, but it's deceptive. He asked several co-workers who have been at the job for many years, if they know how much they make specifically per hour and no one could answer in detail.
He works about 80 hours per week. 55 of those hours are, "on your feet, working, moving, dealing with direct job issues." The other 25 hours are what is called a, "sleep shift" where he sleeps on the job site and is expected to deal with any issues that might arise during the, "sleep shift" those hours are paid at minimum wage, period.
The job is working at a major transitory trucking stop, with retail space, fuel, etc. the business is closed from midnight to 6am, when he sleeps, but sometimes people stop by not knowing the hours, etc and sometimes bad characters might poke around the place and he is expected to get up and check on any and all issues that might come up.
It's a twisted job, but he kinda likes it. I personally think it's a screwed up way to earn a living, but hey, to each his own. I tried to tell him, I do not think the way they pay him is legal.
Jwiley, trust me, if you saw this guy's checkstub, it would take you a very good long minute to figure it out. It's got about five different sub categories of pay, all based on a foundation of minimum wage, but classified differently for hours worked. It's very confusing and all he can do is take the total hours worked and slept and divide it by the pay to figure it out. And even at that, they classify different hours under different pay clauses.
Well if he's expected to work 80 hrs a week with the sleep shift at minimum wage regardless and some overtime in there, then yea, he'll make minimum wage.
It's simple math isn't it? How much you make divided by the number of hours --that's your hourly rate. People probably don't know their exact number because it sounds like there are weird hours worked. And 'sleep shift' is basically on-call which can be paid differently than hourly.
Well if he's expected to work 80 hrs a week with the sleep shift at minimum wage regardless and some overtime in there, then yea, he'll make minimum wage.
It's simple math isn't it? How much you make divided by the number of hours --that's your hourly rate. People probably don't know their exact number because it sounds like there are weird hours worked. And 'sleep shift' is basically on-call which can be paid differently than hourly.
It isn't a true "sleep shift" he's still responsible, a buzzer goes off if anyone shows up and he's required to get up.
Exempt vs non exempt can be interesting depending on how it is classified.
I worked for a company before that had variable rate overtime for certain positions. It was a hybrid of salary and overtime that was found to be illegal (a huge class action brought it down).
Basically if someone worked for more than 40 hours they would not get overtime. They would get less...and less..and less. Less than their usual hourly rate.
I was never on it myself but those above me were. When they removed it they simply called those on it one by one and individually told them it was ending under the argument that they wanted people to spend more time with their families. It was also argued that more money would be allocated to hire part time employees but that did not happen.
In addition I would also add that sometimes an exempt and non exempt vary more on the state laws. In Mass the blue laws have OT on sundays and holidays for retail employees. Salary doesn't get anything extra but some employers might offer a comp day off.
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