Legal Question in Employment Law in Washington

I work in Washington State and get paid by salary. I used to get paid by the hour at minimum wage and worked about 180 hours a month. I now receive $1600 a month on salary. I calculated it out and this comes out to about $8.88 an hour. This is only 33 cents above minimum wage. They won't give me a job description but want to lower my pay. I pointed out to the book keeper that they can't lower it much because I don't make much. She said I actually make $10 an hour because they base the pay period on four weeks of work which is 160 hours a month. If I get paid by four week periods, I should get paid 13 times a year, not twelve. I asked what happens to the other 20 hours every month and she said nothing. I just get paid monthly. I don't understand how this can be legal. It's like I work a few days for free and didn't even know it this whole time. Can't I claim the lost wages they scammed me out of? Those 20 hours every month?


Asked on 7/28/10, 2:02 pm

1 Answer from Attorneys
Susan Beecher Susan L. Beecher, Atty at Law

As far as the math goes, I get a different number from either one of you IF you are working 40 hour weeks. There isn't four weeks in a month (so I disagree with the bookkeeper) but there also isn't 4.5 weeks in a month (so I disagree with your 180 hour figure IF you are working 40 hour weeks).

Here's how I calculate your hourly compensation. $1600 per month times twelve months equals $19,200 per year. Divide that number by 52 weeks and you get $369.23/week. Divide that by 40 and you get $9.23/hour.

That said, the above all assumes you are working 40 hour weeks. If you are working more than 40 hours per week, you are entitled to time-and-a-half for each hour over 40 that you work in any given week. There is a common belief among employers that if you put someone on salary, you do not have to pay them overtime. This is absolutely not so. You do not have to pay overtime only if the employee also has exempt status, and if you are making near minimum wage, chances are good that you are not exempt. Check with the Dept of Labor and Industries to find out if your job description makes you exempt (don't take your employer's word for it; many of them are very confused about this issue.) If you are not exempt (and I'd bet my lunch you're not), then you do have some back pay coming to you.

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Answered on 8/02/10, 2:32 pm


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