Labor laws question....almost a survey of sorts

I just began a new job in an insurance office. It is salaried, plus some small commission.
The pay is not great, but today I find out that I am expected to finish all of my work for the day even if it is beyond quitting time. This "work" consists of doing all the filing for the office, not just my own.
My boss is out of town, so I heard this from my trainer.
Also, I hear I don't get breaks since the boss "pays for the time I am at lunch".

I am somewhat disturbed about quite a few things, as my job details were never disclosed to me. It almost appears that I will be doing all the grunt work and never get time to make much in the way of commissions due to time constraints.

Since I am paying for my own health insurance to the tune of over $5,000 per year, it really cuts into my income.

My hours at 8:30-4:30 with an hour for lunch, but as I hear the 4:30 is not written in stone.

First, a lot of this depends on what state you live in (your profile doesn't say). My first advice to you is to call your state labor commissioner's office immediately and tell them what you've posted here.

Now, generally speaking, unless you're classified as an exempt employee (usually management), you have to be paid for the hours you work, period. You are also entitled to two breaks per full work day, too.

It sounds like you're being taken advantage of, and in gross violation of the law. Your local labor commissioner's office will be able to guide you on specifics. Good luck!

(I am a law student, newly employed in a labor firm, so take what I have to say with a grain of salt.)

Employers have a LOT of power, legally, and especially in at-will states. (The OP's remedy, really, is to quit.)

If the original poster is salaried, that means the employer can legally make him (her?) work 40 hours a week without extra compensation. Whether there's extra compensation after 40 hours depends on whether the poster is exempt; see the link in my other post for more information on that. Since the OP is only working 35 hours a week (8:30-4:30 = 8, -1 for lunch = 7), the employer can legally squeeze 5 more hours a week without extra compensation (absent a formal agreement otherwise, anyway -- I'd assume the OP would have said there was a formal contract if there was one).

Rest breaks vary by state -- In Wisconsin (my state), only minors MUST have breaks (30 minutes per 6 hours); for everyone else it's just recommended (and any breaks of less than 30 minutes must be paid).


(edit: Since DU's been at various "levels" recently, the disclaimer in my sig may not be visible. Anyhow: I am a law student and a novice one at that. This isn't legal advice. Really. It's amazing how many people choose to trust the "not legal advice" of law students, but choose NOT to trust their "not legal advice" disclaimers instead.)

"Also, I hear I don't get breaks since the boss "pays for the time I am at lunch".

8:30-4:30 with paid lunch hour is 8 hours.

At least not in WI; your state may be different.

At least that's how it has been at every job I've ever worked.

Hell, it may vary by employer -- "if you don't clock out, you are considered working" is a much more generous standard than I've seen. (If your state doesn't require that, you had a very generous employer, at least on that one issue.)

I remember my ex-husband had a job where he was salaried, non-exempt. That meant he was paid the same, no matter what, for up to 40 hours a week of work. (His shift was, for the sake of argument, 8-5 with an hour lunch -- so, 40 hours worked, 45 hours total.) If he went over the 40 hours worked, he'd then get overtime.

If lunch is paid, but the employee can leave or go about their business, then the paid lunch is like a paid vacation. In Washington, at least, that isn't likely to count as hours worked for overtime purposes.

However, there are multiple issues in the OP. The potential overtime. The lack of breaks. And the resulting miscalculation of wages.

While it is true that employers are generally free to behave in an unpleasant manner or require extra work (including overtime), they have to pay the proper wages. No way to get around that.

In Washington, you can file a request for a state investigator to check for wage violations. Not sure about other states.

I know all about exempt v. non-exempt, which is why I suggested she check immediately with her local labor commissioner to see where state law stands on the issue. I think you misunderstand the hourly breakdown--her pay stub will tell what her hourly rate is and how many hours she's being paid for. If she's only being paid for 35 hours but working 40, then her employer is in violation of the law *unless* she's exempt (again, check with the labor commissioner). The employer can't legally "squeeze" anything in if she's being required to work more hours than she's being paid for.

And I'm also aware that rest breaks vary by state (again, that's why I directed her to check with the labor commissioner), but generally speaking most states have some structure in place for required breaks.

I'm new to the labor-law field, and all I know is what Wisconsin has to say. Our break laws are pretty harsh.

I'd be willing to bet Digit's pay stub calculates hourly pay based on a 40-hour week, rather than a 35-hour week (if it does at all; my pay stubs from salaried jobs never had hourly rates on them but I was exempt so that may be different); but, for a salaried employee, Digit will get paid the same whether s/he works 30/35/40.

edit: Messed up the OP's name repeatedly. I think that's my cue to go to bed.

• It's legal for the boss to set a salary/commission structure in whatever way s/he sees fit, so long as you end up with at least minimum wage. So there's not much you can do there.
• As for the extra time -- Whether you are eligible for overtime depends on how you are classified (it's not as simple as professional/manager vs. worker bee); check out what the government has to say at http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17g_salary.htm. However: 8:30 to 4:30 with an hour for lunch is 7 hours of working (35 hour workweek -- this is true even if you're paid for lunch), so you'd have to go past 5:30 every day to qualify for overtime in a given week (unless your state requires OT be paid after an 8-hour day; then it's still 5:30 but it's day-to-day). I'm not sure what your state would say about mandatory overtime (i.e. whether or under what condition your employer can require you to work overtime).
• Break laws vary by state -- I think you're entitled to reasonable restroom access, but other than that, it's all over the place.

Nolo.com is a good resource:
http://www.nolo.com/resource.cfm/catID/411DD971-9C17-47D8-880913B3AE9A2FFF/104/150/

Good luck.

....Dinger is still legally entitled to be paid for every hour worked, whether it's the higher overtime rate or just additional hourly rate up until the 40 hour mark is surpassed.

Then Digit gets that money whether s/he works 18 hours or 40.

If Digit is paid an hourly wage, then yes, that wage must be paid.

The only exception I can see if there was an actual contract (oral may count, if it can be proven and doesn't fall afoul of the Statute of Frauds) for "$X per week for 35 hours of work."

....but for payroll purposes, my employer is required to show an hourly wage breakdown since I'm non-exempt (and if I work beyond my "normal" hours, I'm paid overtime). I hope the OP will come back and post a little more info--her pay stub should answer this question.

My original thought in taking this job was if if I wanted to prospect for new business on my own time, I would not be expecting any pay...afterall, I am trying to build business and I thought I would be realizing it in commissions. But to do filing and other crap, it can wait until the next day.

I will check out the sites you mentioned. Many thanks for those.

I am in NC, and I am finding that most employers do not give breaks, even if longer hours and had one employer where he did not even give a lunch break. I should have reported him. Oh, and that guy had me do a mandatory 5 hours overtime and never paid me a dime.

When I have been under corporate employment, I had two 15 minute breaks and a lunch break.
Things have really changed.

and you don't get to refuse unless you have a collective bargaining agreement.
(That's here: http://www.dwd.state.wi.us/er/labor_standards_bureau/publication_erd_8298_pweb.htm#9%205.)

I really can't say what North Carolina has to say; try here:
http://www.nclabor.com/wh/wh.htm

Yeah, it does suck. But best of luck.

You need to consult your state's labor and industries division about wage and hour laws.

Generally speaking, workers are entitled to be paid for all of the time that they work. Compensation for other time (such as lunch) does not mean that the employer has a savings account from which he can pay you for other time. Also, breaks are required by most state and fed laws. (Note: none of this is legal advice. It's just information to consider).

The most important things to do are to (1) consult an attorney or labor & industries person and (2) keep an accurate record of all the time that you work. Keeping a journal of the dates, times, and activities is necessary to determine how much you are entitled to be paid.

We are talking less than 30K per year salary, so to work beyond the hours as detailed in my job description drops the pay per hour significantly.

I took this job based upon what information I was given as to responsible duties and hours worked.

• Rest/meal breaks are NOT required for employees over 16. Sorry.
• The employer does NOT have to list the hourly rate of pay on the check stub.
• The employer can make you work overtime even if it was not scheduled.

Found here (pdf):
http://www.nclabor.com/wh/faqs.pdf

And I'm sorry I keep calling you Dinger. Really, I need to go to bed.