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Fluctuating workweek salary

Discussion in 'Wage and Hour, Overtime' started by Pineville, Apr 9, 2020.

  1. Pineville

    Pineville Law Topic Starter New Member

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    Jurisdiction:
    Louisiana
    I am wondering if our starting pay meets minimum wage standard.

    We are a fire dept that works a 14 day work cycle. Section 7(k) offers overtime after 106hr on a 14 day cycle.

    We work 3 crews on a 48/96 shift. On 2 days off 4. So we could work either 96, 120, or 144 scheduled hours in a 14 day period.

    Our starting salary is $1868/month. Does that satisfy minimum wage? If not what should our starting salary be?

    thanks.
     
  2. army judge

    army judge Super Moderator

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    You've answered your question mate.

    You appear to be a salaried employee, most likely exempt.

    You are also employed by some governmental body.

    However, if the pay isn't to your liking, you are free to seek employment that exceeds the compensation you believe you deserve.

    The current Louisiana minimum wage of $7.25 per hour is the lowest amount a non-exempt employee in Louisiana can legally be paid for hourly work.

    Using the $7.25/hour rate at 40 hours per week in one month you'd earn about $1160.00 which is about $700 LESS than what you claim you're being paid.


    For most employees, the minimum salary level required for exemption is $455 per week.

    You must be paid “free and clear.”

    The $455 per week may be paid in equivalent amounts for periods longer than one week.

    If you multiply 455 times 4 weeks, that amounts to about $1820 for the month.

    Your employers has GENEROUSLY exceed that threshold by almost fifty US dollars a month.
     
  3. Pineville

    Pineville Law Topic Starter New Member

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    So in the 14 day period that I work 144 hours, it is ok to pay $862?($862 is $1868 monthly salary reduced to 14 day salary)
    862/144=5.99/hour

    what about §778.114 Fixed salary for fluctuating hours.?

    we are not a 40 work week employee.We are considered section 7(k) employees. We fall under 29 CFR § 553.230
     
    Last edited: Apr 9, 2020
  4. army judge

    army judge Super Moderator

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    I am NOT a LA judge, elected official, or administrative bureaucrat.

    If you believe you are being underpaid, you are free to discuss it with your employer's designated employment (or payroll) officials.

    If you belong to a union, you could also discuss your grievances with your union leaders.

    You also have the option of hiring an attorney and bringing a lawsuit.

    You can speak with any (or ALL) of your elected officials and ask for assistance.


    Nothing I type would have the force of law.

    If the pay issue causes you distress, you should seek the legal help of a licensed LA attorney.
     
    Pineville likes this.
  5. PayrollHRGuy

    PayrollHRGuy Well-Known Member

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