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Chat? Need advice Stat! NVM..:S (Read 936 times)
Redd
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Chat? Need advice Stat! NVM..:S
May 28th, 2009 at 7:13pm
 
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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.
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« Last Edit: May 29th, 2009 at 6:26pm by Redd »  

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Redd
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Re: Chat? Need advice Stat!
Reply #1 - May 29th, 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 29th, 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
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Re: Chat? Need advice Stat! NVM..:S
Reply #3 - May 29th, 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.
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« Last Edit: May 29th, 2009 at 8:23pm by Redd »  

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Cathi_Pierce
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Re: Chat? Need advice Stat! NVM..:S
Reply #4 - May 29th, 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 Sad
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deltadarlin
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Re: Chat? Need advice Stat! NVM..:S
Reply #5 - May 30th, 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
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« Last Edit: May 30th, 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 30th, 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?
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deltadarlin
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Re: Chat? Need advice Stat! NVM..:S
Reply #7 - May 30th, 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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