According to what i have read, I fall under the non-exempt salaried status. How do I find out how my company lists me without looking suspicious? I am a lead slot technician (electronic repair) in a mississippi casino. I am a supervisor but I do not have any of the responsibilities - I have a Tech Manager that makes most of the decisions. I am not the only supervisor that is getting cheated. This week, I will work a total of 52 hours but i will get 2 days off this week (12 hr. shifts.) My manager says that I will not get any comp time because i get 2 days off. I have this in writing.
Is this a "dead horse" or is there somthing i can do. I dont want to lose my job. feel free to email me if you have any advice.
Thanks
cbg
06-05-2006, 06:50 AM
An employer may not legally provide comp time to non-exempt employees.
techrepair
06-06-2006, 09:52 AM
is my employer required to tell me if i am exempt or non-exempt? Iam not out for blood, i just want something back for the time that i work.
cbg
06-06-2006, 10:01 AM
There is no law requiring that he tell you if you are exempt or non-exempt, no.
I'm assuming you do not get overtime or you would not be asking this question. If you work under your scheduled hours for the week, do you get your salary docked? That might help us figure this out.
techrepair
06-07-2006, 11:08 AM
if i call out or leave early, they take hours from my PTO account (vacation) so my check would show 72 hours worked and 8 hours of PTO. If i run out of PTO then my check would be docked the number of hours that i was out. That recently happened to another tech supervisor. So basically if i call out I am paying myself 8 hours out of my vacation time to keep a full check. also my salary is based on a 40 hr week. I just get this weird feeling that something is not right about this.
Pattymd
06-07-2006, 12:47 PM
Then they're treating you as nonexempt, as well they should be. Which means they have to pay you overtime.
Now, let's talk about how much. Have you agreed that your weekly salary of XXX is intended to cover YY number of hours? Do your hours regularly fluctuate between over 40 and under 40 per week? I'm going somewhere here.
techrepair
06-07-2006, 06:30 PM
No. my hours is never under 40 and on occassions over 40. between now and the end of the year i will be working over. alot. My manager said that as long as i get my 2 days off that he doesnt owe me anything. after tonight i will have 38 hours this week with 2 more days left. I am at a loss here. I am tired of giving the company my family's time and not getting anything back.
Thanks
Pattymd
06-08-2006, 04:16 AM
I was asking the last questions to see if they might have been paying you under the "fluctuating workweek" method, in which case they would only have to pay you half-time for hours over 40. You don't qualify.
Then file a claim with the state Dept. of Labor for unpaid overtime.
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