I just want to vent, thanks to anyone who listens

I live in the Southeast US and we had a business closure for Hurricane Matthew of a day and a half. I am salaried, exempt employee. According to the law if I work at all during the week I get paid for the entire week, even if the business is closed for inclement weather.

Well he docked my pay a day and a half saying no revenue and did not even have the option of using PTO that I have banked. That makes me non-exempt and he technically owes me for all the OT I worked since date of hire. I can appreciate no revenue and not wanting to pay the salaried people but he has legal obligation to do so. I would not be as mad if he was struggling financially. But he just got a $66,0000 car and he and his wife came back from a three week vacation to Iceland and Spain. He is not struggling in the least he is just cheap. As a business owner he should account for his obligations and disasters..

I can file a complaint with Department of Labor or hire a labor attorney but that would be time consuming and cost more than the docked pay. And being the phallus that he is I am sure he would fire me.


I have stared looking for another job and I was offered another job but its within non-compete distance :( So continue with job search

>>I have stared looking for another job and I was offered another job but its within non-compete distance.

You might want to consult an attorney anyway. If your employer is not paying you according to law, you might be owed damages on top of whatever he owes you. And the non-compete agreement might not be enforceable. Best to get an expert opinion.

He's going to have a hard time retaining quality employees if he doesn't pay them what they're owed.

If you can't afford to quit your job before finding another one, may not want to make things worse by complaining about him.

On the other hand, if he's violating existing labor law, he'll only continue to do so as long as he gets away with it.

If you don't say something, how are the authorities going to know he isn't paying his employees their due?

It's a catch-22 for you. It's a judgment call.

Since it wasn't clear from the post:

Did you talk directly to him about it yet?
I'm certainly no labor law expert, but as far as exempt/non-exempt goes, you're in the right. Did you (gently) point that out to him directly yet?

Here is the easiest way to deal with wage issues.

Go to your states website's department of revenue. Print a copy of the "suspected fraud" referral page.

Fill it out, suspecting your employer, stating that you suspect your employer of pocketing the payroll taxes that should have been withheld on the wages you were not paid.

Do not file it immediately, rather give a copy to your employer and ask him or her if this is going to be an issue. State you have a duty to country to ensure everyone pays their fair share.

If the wages are not paid immediately, file the complaint.

I don't know the size of the company you work for, but it's possible that the owner or the HR people just don't know any better. Ignorance is only an excuse until they are educated. Perhaps you can copy that article from Fortune that hietokolob linked and provide them the education they are sorely lacking. After learning the law, give them a chance to correct your pay. If they don't, then you should definitely contact the Department of Labor. Are there other employees in the same situation as you? Maybe you could band together to file the complaint.

Thanks for the responses...

I did speak with him and point out he is breaking the law... I even printed several articles like the one referenced above about paying salaried employees for business closures related to hurricanes and other natural disasters.... His response was to say this is a "right to work state" and imply I am lucky to have a job and I could be replaced easily in so many words

To add insult to injury he and his wife jetted off to a wedding over the past weekend. One of the women I work with had to cancel weekend plans to go see her son who is away at college, because she was short 2 days pay.

So new job search in earnest is underway, but at least I will be able to be picky on what offer I take since I do have a job now (luckily :0)

In your shoes I would ignore the "noncompete" agreement. If it's a right to work state, what is sauce for the goose is sauce for the gander. Again, seek counsel from a lawyer.

My understanding of right-to-work states is that non-competes are unenforcible. As others have said, though, talk to an attorney.

If you've got the cajones, file a complaint. If he fires you, you can go after him for that too.

Your boss sounds like a jerk. Anyway, you're his employee, not his slave. I think you're right to look for a new job.

When you get that new job, find a sympathetic attorney and sue him for unpaid wages. You'll win.

BTW, "right to work state" has nothing whatsoever to do with this issue -- he's breaking the law, period.

See link for full article. From:
http://labor-employment-law.lawyers.com/wrongful-termination/proving-retaliatory-discharge-under-federal-law.html

Retaliation occurs when an employer takes a negative action against an employee because the employee has complained about illegal conduct, such as discrimination, harassment, failure to pay overtime, or workplace safety violations. Most of the laws that provide workplace rights to employees also prohibit retaliation. The reason is simple: These laws are enforced almost entirely through employee complaints. If employees could be punished or fired for complaining about violations, employers could break the law with impunity.

Even though retaliation is illegal, that doesn’t mean it never happens. Read on to find out what retaliation is, how to prove it in court, and what to do if you are facing workplace retaliation.

Which Laws Protect Employees From Retaliation?

Many of the employment laws that give employees workplace rights also protect employees from retaliation, including the following federal laws:

Title VII of the Civil Rights Act
the Age Discrimination in Employment Act
the Americans with Disabilities Act
the Equal Pay Act
the Occupational Safety and Health Act, and
the Fair Labor Standards Act.



Edited 1 time(s). Last edit at 10/24/2016 08:23PM by Brother Of Jerry.

If he has breached your contract the non-compete clause would be null and void.

File a complaint with the Dept. of Labor. They have attorneys. That's what your tax dollars pay for.