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Chat? Need advice Stat! NVM..:S (Read 934 times)

Redd CH.com Sponsor Offline Posts: 8457 Stevens Point USA Wisconsin Gender:	Chat? Need advice Stat! NVM..:S May 28^th, 2009 at 7:13pm Multimedia File Viewing and Clickable Links are available for Registered Members only!! You need to or Compensation negotiations tomorrow for a job...need input stat! Seriously folks...I need input...the numbers I was given today are far below the Federal DOL statutes. And I'm far past the 8 week UE mandate for refusal of offers.
Back to top	« Last Edit: May 29^th, 2009 at 6:26pm by Redd » "The goal of life living in agreement with Nature." ~Zeno IP Logged

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Redd

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Re: Chat? Need advice Stat!
Reply #1 - May 29^th, 2009 at 6:21pm

Just a note:

If you mention, during compensation negotiations with a potential employer that the low ball salary they first presented fails to meet the FLSA 2004 regulations, (no matter how polite you are about it) they will most likely not make you an official offer for the job and head to the next not so smart candidate who probably doesn't know the federal Fair Labor Standards.

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deltadarlin

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Re: Chat? Need advice Stat! NVM..:S
Reply #2 - May 29^th, 2009 at 8:12pm

Redd,
I just read that link very carefully. What I understand is that the *exemptions* applies to overtime

An exemption from the minimum wage and overtime requirements exists for those employees who are employed in an executive, administrative, professional, certain computer professions, creative professions and outside salesperson capacity. In order to be exempt from overtime and minimum wage an employee must meet the specified criteria listed below and be paid a salary of not less than $455 per week, or $23,660 per year. If an employee is not paid at least $455 per week, the employee is never exempt from the requirements of minimum wage and overtime pay.

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Redd CH.com Sponsor Offline Posts: 8457 Stevens Point USA Wisconsin Gender:	Re: Chat? Need advice Stat! NVM..:S Reply #3 - May 29^th, 2009 at 8:20pm Right...and the salary I was offered was 1500.00 a month. It's 300-900 below the base salary in either a 4 or 5 week month respectively. 1500 Div by 4 = 375/wk 1500 div by 5 = 300/week far less than the Federal standard. ETA: And yes this was the offer under an exempt status.
Back to top	« Last Edit: May 29^th, 2009 at 8:23pm by Redd » "The goal of life living in agreement with Nature." ~Zeno IP Logged

Cathi_Pierce CH.com Alumnus Offline I love YaBB 1G - SP1! Posts: 1191 x0\|Oregon City\|USA\|\|0\|0\|OR,Oregon Gender:	Re: Chat? Need advice Stat! NVM..:S Reply #4 - May 29^th, 2009 at 8:34pm Redd, wAS IT BASE AND COMMISH? Was it draw against commish? Did they discuss what the previous employee earned? Regardless, I am sorry it went the way it did! Corporate America SUX>>>>>>>>>> cathi
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deltadarlin

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Re: Chat? Need advice Stat! NVM..:S
Reply #5 - May 30^th, 2009 at 10:25am

Redd,
I'm sorry, but you are misinterpreting the law. Yes, you are considered an exempt employee because you are salaried/commission. However, nowehere does it state in the law that the employer is MANDATED to pay you a certain salary. All the law says is that if you are paid *X* amount (in this case it would be minimum of $455 per week, or $23,660 per year), the employer is not obligated to pay minimum wage or overtime.

By Federal law, the ONLY requirment is that an employer MUST pay minimum wage (or in the case of waitstaff, enough tips must be earned so that said employee makes the minimum wage).

Actually, I was curious, so I contacted the DOL and that's what I was told.

Carolyn

« Last Edit: May 30^th, 2009 at 2:06pm by deltadarlin »

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Redd

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Re: Chat? Need advice Stat! NVM..:S
Reply #6 - May 30^th, 2009 at 11:58am

So where am I misinterpreting this Carolyn?

The employer offered an exempt outside sales position at a salary of $1500.00 a month with hours required of 45-50+ per week, with no commission or other compensation paid during the 3-6 month initial training period.

To classify the position as exempt, would they not have to meet the minimum $455 a week salary?

"The goal of life living in agreement with Nature." ~Zeno

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deltadarlin CH.com Alumnus Offline I love YaBB 1G - SP1! Posts: 3823 Downsville LA Gender:	Re: Chat? Need advice Stat! NVM..:S Reply #7 - May 30^th, 2009 at 2:26pm No, they do not. Call the DOL and ask them. They are much better at explaining this than I am. Phone: (608) 441-5221
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