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RED1
07-14-2006, 12:38 PM
I was reading the board and am still a bit unclear. My status at work and in my contract states non exempt employee and annual salary is xxxxxxx.

About a year ago our branch ***'t manager advised us we had to turn in hand written time sheets and I mark down I work from 8:00am -5:00pm.

My hours are from 8:30am to 5:00pm M-F. I am at my desk at 8am every morning working which I do not get paid for "because I consider myself salaried". Should I be getting paid for this?

On Fridays all year long the Branch Mgr lets us leave at 4:30pm( but we do not get docked that 1/2 hour). Should we continue to put on our time sheets we worked until 5:00pm?

Lastly, if we had a Dr.'s appointment early in the morning or towards the end of the day we used to forfeit our lunch for missed time at the Dr's. Now all of the sudden we are told we are required to take lunch and if you have an appointment then you must use time from your vacation, personal or sick time to cover that time out of work in order to get paid!!! Can that be done?

Also once you have used up your sick and or personal days and you are out sick you get docked for that day. ( which I can understand if you were hourly but not salary - maybe it has to do with the non exempt status?)

Does it seem to you that perhaps they are changing their ways to make us hourly wage employees and can I in this case above (even though salaried) collect that 1/2 hour pay I have been missing out on for 2 years.

Thanks for you help.

Pattymd
07-14-2006, 02:50 PM
Did your employer ask you to come in at 8 a.m. or do they know that you do? The employer is expected to know and, as your time sheets reflect that you are there at 8 a.m., they know.

Regarding the Fridays, complete your time sheet as instructed by the company. However, if I were this employer, I would instruct you to put your out time as the actual time you left. Payroll should know the policy and pay you the additional 30 minutes. I never advocate recording times that are not accurate.

You are correct in the docking of pay for sick/vacation time taken when you have used up all your available time. It is one of the differences between exempt and nonexempt, when only a partial day is taken. However, even exempt employees can be docked when they are absent for a full day for personal reasons, illness or injury, if they have no more time available to use.

RED1
07-14-2006, 03:06 PM
Hi Pattymd,

The employer did not ask me to come in at 8 however is fully aware that I do this on my own will to start my day early as they see me there and have made comments in the past. ( So question is should I be getting paid that 1/2 hour?)

Will do on the time sheets for Fridays, thank you.

Can they still tell demand that we have to take our 1 hour lunch instead of using it towards leaving 1 hour early for a Dr's appointment or coming in an hour late from a Dr's appointment??

Thanks for clarifying, you have been a such a help.

Pattymd
07-14-2006, 03:10 PM
Then you can file a claim for unpaid wages with the state Dept. of Labor.

Regarding the meal period, yes they can, if they choose to.

No problem. Many, many people think "salaried" = "exempt" and it doesn't necessarily. All the wage and hour laws are based on exempt and nonexempt; salaried is merely a pay method.

cbg
07-14-2006, 04:24 PM
Red, FYI, you indicate in your first post that you are salaried non-exempt. There is no such classification under the FLSA as salaried non-exempt. It is permitted by the DOL as long as you also get any overtime that is due you, but there are no special rules and regulations governing the classification. You are either exempt or you are non-exempt; there are no other options.

As a non-exempt employee, salaried or not, if you work OVER 40 hours in a week you need to be paid overtime, but legally you are not owed any compensation for any time you do not work. Doesn't matter if it's vacation, sick time, personal, holidays...if you aren't there, they aren't legally obligated to pay you. I find it as odd as you do that they would classify you as salaried and then dock you, but since you are non-exempt, it is legal.

Regardless of whether you are exempt or non-exempt, it is your employer's opt what hours you work. They are under no legal obligation to allow you to shorten your lunch break and leave early, no matter how long they have allowed the practice in the past.

RED1
07-14-2006, 05:03 PM
Thank you both for your time. Last question if I go to the Department of Labor and file a claim for unpaid wages what should I bring with me my time sheets, and also would there be any repurcussions while I am still working with the company or should I start looking for a job or wait to file until I have found a new job?

Pattymd
07-14-2006, 05:08 PM
Whatever you have can't hurt. However, if you have to ask the employer for copies of prior time sheets, they aren't required by law to provide them, since they are now company records.

If you are discharged because you filed a claim, you would very possibly have a case for wrongful termination. If you're planning on leaving anyway, you could also wait; however, you need to contact the state DOL for the statute of limitations on filing a claim. You can't wait forever.

Good luck.

RED1
07-14-2006, 05:35 PM
Thank you so very much..Enjoy your summer!

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