this post was submitted on 17 Oct 2024
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No Stupid Questions

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You always hear the phase “9 to 5” and also the song with the same name. Assuming you include 1 hour worth of breaks (30 minute lunch and two 15 minute breaks), you’re only working for 7 hours a day which comes up to 35 hours a week.

Now it feels like you have to work 8 hours a day (for a total of 40 hours of actual work), plus your other time off meaning you’re really there for 9 hours each day (for a total of 45 hours). Am i looking at that wrong, or did expected times change, and if so, when?

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[–] [email protected] 12 points 4 weeks ago* (last edited 4 weeks ago) (11 children)

I have a salaried position. I don't clock in. But it's typically only used to deny us overtime pay. If I work 35 hours a week, I'm paid 12.5% less than my colleagues who do 40. And if my lunch break is too long, I'm expected to stay late sometime within the month to compensate.

And while I do have a shit job (save me) I've never seen someone whose employer didn't mind their hours as long as they got shit done.

[–] [email protected] 31 points 4 weeks ago (6 children)

You cannot be salaried and deducted hours you don't work.

Either you are hourly, and paid for the hours you actually work, or you're salaried, and paid regardless of how many hours you work.

What your employer is doing is illegal, and wage theft.

[–] [email protected] 1 points 4 weeks ago* (last edited 4 weeks ago) (1 children)

You cannot be salaried and deducted hours you don't work.

You would think that. And yet, the US... Finds a way. I'd rather not doxx myself by getting into it further, but it's definitely not illegal where I am.

[–] [email protected] 3 points 4 weeks ago

Not illegal, as in you've actually gone through this with a lawyer, or not illegal, as in your company does it anyway?

Because Federally, being salaried does not work like you describe: https://www.dol.gov/agencies/whd/fact-sheets/17g-overtime-salary

Working less hours in a day is not valid reason to deduct pay. Working less full days is. (From the source above)

State law does not trump federal law, unless explicitly called out. It's just that federal law is actually pretty lax regarding most things and states are more restrictive.

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