California  |  Employment Law

Legal Question

Asked on: 7/10/13, 11:36 pm

Doesn't "Salary" mean you get paid the same amount per pay period, whether you work 32hrs or 50hrs?? Recently I noticed my pay stub states "Salary" instead of "Hourly" as I was hired, this change took place right around the time we switched payroll companies. My boss, who calls in payroll, used to ask for my hours (avg. 35 - 50hrs), of which I was always paid for @ $10.00 per hour. One week he hadn't asked for my hours and instead just called in $400 for my "Salary" pay. Unless I work under 40hrs, then my salary pay is adjusted to reflect this. When paychecks arrive he now asks for my hours and has started paying me cash - straight time for any OT/40 hours. Within the first month I questioned him about OT pay, his reply / reaction was to tell me I was part time and should keep my hours under 40 - and he also wanted me to start taking two 15min breaks - daily - off the clock (though there is NO clock) as well as my 1hr lunch break. Well that actually worked, for 1 day! I believe he thinks he's so smart and that he's getting away with / or around some serious Labor issues. And maybe he thinks that I'm so desperate to work that I'll just continue to go along with his charade. But really I see myself holding the wise end of the rope, that he has chosen to put around his neck. And I'm only holding on to it because he is clueless. And this is only one item of contempt, there are others. Did I mention my boss is part owner of the company I work for? And I keep documentation; weekly time sheets, pay records, cash payments, notes, etc...he keeps no time sheets, empty personnel files & has no policies in place. But he does know how to tell / write a fictitious story that will be convincing enough to get himself out of the hole he has dug for himself, more often than not. I've always believed that truth trumps lies, but I also know how easy it is to fall for lies when spoken by a Master! Thank you for allowing me to vent, whew!!

And thank you in advance for any responses. =)

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