Legal Question in Employment Law in Iowa

overtime

I am considered aa salaried employee, if I work over 40hrs a week my overtime pay is calculated by taking my normal salary diveded by how many hours worked...then dividing that by 2. But if I work 32hrs or less, Im paid based on an hourly rate. If Im salaried shouldnt it not matter how many hours I work? I have to sign a statement that I agree with the policy, and Im confused

Thanks


Asked on 5/21/07, 8:08 pm

2 Answers from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: overtime

Your pay system does not make much sense. If you are legitimately salaried, then you are paid the same amount regardless of how many hours you work in a week, be they many or few. If you are not salaried (or if you are not legitimately exempt from overtime), then your overtime pay is calculated by figuring out your base rate of pay and paying you 1-1/2 times that rate for every hour in excess of 40. There is a third variation called the fluctuating workweek pay model which is to complicated to explain here.

You should have an attorney review your pay system with you before you sign it. If you have more questions about overtime pay or calculating pay, you can visit my website, www.memphisemploymentlawyer.net. The Department of Labor also has a very good website, www.dol.gov. It can sometimes be a little difficult to negotiate, however.

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Answered on 5/22/07, 10:23 am
Regina Mullen Legal Data Services, PLC

Re: overtime

The state determines how overtime is paid and whether or not you are truly salaried if funny formulas are used. Sounds like you need to talk with someone in the wage/hour agency and/or local counsel.

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Answered on 5/23/07, 4:34 pm


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