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Thread: Salary Hours?

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    Salary Hours?

    So I'm paid salary for the three positions I hold at my work. Most of my check is for management, then on top that I'm paid $300 a month for Grounds and $300 a month for maintenance. On my pay stub it says I get paid $12 an hour for that work (which works out to about 50 hours a month for both), however it really isn't mentioned in my contract other than saying I get paid salary $600 a month for the two.

    My question is, how many hours should I work before I say enough is enough? Over a two week span I have 26 hours in grounds alone and another 10 hours in maintenance. That means I only get paid for 14 more hours and there are more than two weeks left in the pay period.

    Now I'm getting heat from my supervisors about needing to do more for grounds, in the mean time they are wanting more out of me for management (which hasn't got as much attention because I've been spending more time on grounds).

    I want to tell them that from now on I'm only working my 50 hours for grounds and maintenance and if I have to work more than that I'll billing them extra, but I'm afraid they will tell me I'm salary and have to work whatever it takes to do the job.

    Guess my question is, is that a valid argument? What are the employment laws concerning salaried employees and can employers make employees work more hours?



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    Re: Salary Hours?

    You're paid salary, good luck trying to bill them for extra. My guess is they'd tell you to go get ****ed. If you don't like it you can threaten to quit and see if they think a raise is in order.


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    Re: Salary Hours?

    It really depends on the way they constructed it. The salaried jobs I've had paid a salary based on a certain # of hours. Anything over that was actually paid at an extra rate.

    Find a way to check into the actual expectations for hours. It might be that their understanding is based on hours, it might be based on a "you work until we say you're done" concept.


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    Re: Salary Hours?

    Salaried is not the same as Exempt. You may be salaried but still subject to overtime pay. My guess is that if you really look at the Fair Labor Standards Act as GoCubsGo suggested, you will find out you will find out that you are not exempt from OT.



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    Re: Salary Hours?

    Thanks for the help everybody!

    I'm building a case and I'm going to tell my supervisor that from here on I'm working my 50 hours a month for grounds and maintenance and that is all unless they want to pay me by the hour for the remaining hours.

    My case is that on my pay stub it says $12 an hour and 25 hours a month for grounds and the same again for maintenance. As manager it lists my hours but not my pay per hour, so that tells me that it is not just for accounting proposes that they list 12/hr. On my contract for grounds and maintenance, it lists my duties, but not my expectations. So it says I have to mow, but not how often. Therefore I am paid to work 50 hours a month for grounds and maintenance and that is all.

    Logically what I've prepared makes sense to me, and also seems to go along with what GoCubsGo link says.



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    Re: Salary Hours?

    Quote Originally Posted by jaretac View Post
    Thanks for the help everybody!

    I'm building a case and I'm going to tell my supervisor that from here on I'm working my 50 hours a month for grounds and maintenance and that is all unless they want to pay me by the hour for the remaining hours.

    My case is that on my pay stub it says $12 an hour and 25 hours a month for grounds and the same again for maintenance. As manager it lists my hours but not my pay per hour, so that tells me that it is not just for accounting proposes that they list 12/hr. On my contract for grounds and maintenance, it lists my duties, but not my expectations. So it says I have to mow, but not how often. Therefore I am paid to work 50 hours a month for grounds and maintenance and that is all.

    Logically what I've prepared makes sense to me, and also seems to go along with what GoCubsGo link says.
    If you want to pursue this, I would ask to see your job description. Upon review, it would be hard pressed for them to justify this sort of position under the FLSA guidelines for exempt status. Especially if the management part is such a small portion of the job. Be prepared to lose your job as some employers with so little knowledge will not like being challenged. Then it would be up to you to pursue recourse or just move on.



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    Re: Salary Hours?

    Quote Originally Posted by denmyster View Post
    If you want to pursue this, I would ask to see your job description. Upon review, it would be hard pressed for them to justify this sort of position under the FLSA guidelines for exempt status. Especially if the management part is such a small portion of the job. Be prepared to lose your job as some employers with so little knowledge will not like being challenged. Then it would be up to you to pursue recourse or just move on.
    As the Denmyster stated be prepared to lose your job. The problem now a days is there aren't many jobs out there so there are plenty of people who will go the extra mile. I'm not saying employers should take advantage of salary employees, but just make sure you take a deep breath and think about all scenarios before you go banging on the door with your case.

    First off everybody is replaceable and are you just mad at this time of the year because this is when you are really busy? and other parts of the year it's not as bad (work as many hours)? the only reason i ask is because I worked with people who would complain when they had to work hard, but when there were times there was nothing to do and they would be the first to sit around and get paid for it. They would forget about the easy days they would not lift a finger and get paid but only remember the hard days.

    Finally you should always have a back up plan in place on where to look for a new job or what you will do if you lose yours. Good Luck!



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    Re: Salary Hours?

    Quote Originally Posted by jaretac View Post
    So I'm paid salary for the three positions I hold at my work. Most of my check is for management, then on top that I'm paid $300 a month for Grounds and $300 a month for maintenance. On my pay stub it says I get paid $12 an hour for that work (which works out to about 50 hours a month for both), however it really isn't mentioned in my contract other than saying I get paid salary $600 a month for the two.

    My question is, how many hours should I work before I say enough is enough? Over a two week span I have 26 hours in grounds alone and another 10 hours in maintenance. That means I only get paid for 14 more hours and there are more than two weeks left in the pay period.

    Now I'm getting heat from my supervisors about needing to do more for grounds, in the mean time they are wanting more out of me for management (which hasn't got as much attention because I've been spending more time on grounds).

    I want to tell them that from now on I'm only working my 50 hours for grounds and maintenance and if I have to work more than that I'll billing them extra, but I'm afraid they will tell me I'm salary and have to work whatever it takes to do the job.

    Guess my question is, is that a valid argument? What are the employment laws concerning salaried employees and can employers make employees work more hours?
    A couple of questions I'd have:
    -How many hours do you think would be appropriate to actually complete the maintenace and grounds duties?
    -Are you spending 40 hours a week on the management side of things?
    -Is your pay appropriate for 40 hours of management?
    -Were you originally salaried for the mgmt job and took on the extra responsibilities?

    At first blush this seems like a really crappy set up for you.



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    Re: Salary Hours?

    Quote Originally Posted by denmyster View Post
    If you want to pursue this, I would ask to see your job description. Upon review, it would be hard pressed for them to justify this sort of position under the FLSA guidelines for exempt status. Especially if the management part is such a small portion of the job. Be prepared to lose your job as some employers with so little knowledge will not like being challenged. Then it would be up to you to pursue recourse or just move on.
    I have my job description, it is attached to my contract. It says that I have to:

    "preform landscape work including mowing, edging, trimming, weed control, fertilization, leaf raking and irrigation."

    It says nothing else. It doesn't say to what level and quality. Based on what I have read, I fulfill my contract by simply mowing, edging, trimming, etc till the job is done or till I have worked my hours.



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    Re: Salary Hours?

    So at no point when you agreed to these other jobs did they explain how you were going to be paid for them?



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    Re: Salary Hours?

    Quote Originally Posted by jaretac View Post
    I have my job description, it is attached to my contract. It says that I have to:

    "preform landscape work including mowing, edging, trimming, weed control, fertilization, leaf raking and irrigation."

    It says nothing else. It doesn't say to what level and quality. Based on what I have read, I fulfill my contract by simply mowing, edging, trimming, etc till the job is done or till I have worked my hours.
    What is the language for the management responsibilities and compensation section?



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    Re: Salary Hours?

    Quote Originally Posted by DurangoCy View Post
    A couple of questions I'd have:
    -How many hours do you think would be appropriate to actually complete the maintenace and grounds duties?
    -Are you spending 40 hours a week on the management side of things?
    -Is your pay appropriate for 40 hours of management?
    -Were you originally salaried for the mgmt job and took on the extra responsibilities?

    At first blush this seems like a really crappy set up for you.
    It is and at the time I needed a job and didn't argue too much. To answer your questions it is actually hard to answer them. In the past I have worked 40 hours a week (for grounds, maintenance and management) and not cared about hours doing this or doing that. It worked for 2 years.

    Technically speaking, I'm only required to work 10 hours a week for management. This is unrealistic of course, but I've never really figured out how much time I spend doing management. For grounds and maintenance I've just always worked what I needed to work to keep up the appearance of the property not exceeding except occasionally 40 hours a week for everything.

    I would guess that I work 60% management and 40% grounds and maintenance. This isn't how I get paid though. It is closer to 3 to 1 what I get paid for management over maintenance, but in the past I didn't care about that.

    I recently got complaints that I'm not doing enough grounds. Further the owner complained about debris and furniture behind the dumpsters. I was told by the president of our management company to put it there and he threw me under the bus to the owner. Further, I've worked closer to 50/50 management and grounds/maintenance this period so it upsets me even more that they are complaining when I've put in so much time above and beyond what I'm paid.

    As for 19210, my work load varies more on management requirements, which changes all the time then it does on maintenance and grounds, so there isn't a slow time of year. If there is at all it is during the winter (specifically January and February), but only if it is a dryer winter than normal, otherwise I have a lot of sidewalks and parking lots to clean and we get freezing fog almost daily.



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    Re: Salary Hours?

    Based solely on what you have described, it is not an exempt position and you should be receiving overtime compensation.



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    Re: Salary Hours?

    Step 1- Be calm and do not make demands. A lot of times, people let things build up in their heads until they can't take it any more, and come strong out of left field, when their manager is completely unaware of the strength of your concerns. Doing so gets you nothing but defensiveness.

    Step 2- Start by asking for clarification about their expectations of you

    Step 3- Lay out your views in a way that highlights the challenges you face, and the time constraints in fulfilling all of your responsibilities.

    Step 4- Indicate a willingness to work through those issues (and as many or more hours) provided that they can come up with a way to more fully compensate you.



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