How can they get away with this?
I have been with an employer for almost 2 years now. I am salaried non-exempt. At this company they only pay us half time for overtime because we're on the "fluctuating workweek method" of payment. However, every resource I find on the method tells me the same thing: one of the key requisites for a company to use the method is that the hours have to fluctuate from week to week. However, I have been on a fixed schedule, which has changed a few times, since I started. From my understanding this invalidates their ability to utilize the method, however they still do. The company has lost several lawsuits regarding this, yet they still have this practice. How can they get away with this?
On top of that, I recently found out that I am likely the least paid employee on my contract, and that others are making anywhere from 4k-6k more a year than me, yet I do the same job or more. Isn't this against Equal Pay laws? Any and all information, insight, and advice would be greatly appreciated.
Hi Joseph,
You might want to contact your local labor board. If what you say is true and they have lost several lawsuits on this practice, than they are likely violating local/state laws on not changing those policies.
As for the coworkers making more than you, there a ton of different factors that go into a salary. Experience, expertise, certain skillsets, and seniority can all affect someone's salary. I would also mention this to the labor board, but you might be better off asking your manager/coworkers if there is anything they have done to get such a pay bump.
Hope this helps!