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skyy01
10-18-2006, 07:02 PM
I am a salaried employee but have recently been required to punch a time clock. I've been working for an IL mfg. for 2 years. I come in 15 minutes early every day and stay late when needed. Occasionally I come back from 1-3 minutes late and it's never been a big deal.

About a month ago I was given a list of my late punches, I highlighted all of the times I came in early and gave it back to my boss. In turn he payed me for any future times I came in early. A few weeks later I was told I would no longer be getting paid for coming in early.

I also travel to see customers for a week at a time, requiring me to leave on Sundays. I do not get paid for my travel time. I've also been asked to work a tradeshow on Sunday without pay. I was recently wrote up for the times I come back from lunch late. I wrote a letter stating that I was against it for my file. I was in turn take into the conference room with my letter and told by my boss that I was acting like a spoiled brat and what the f-word made me think I was so much better than everyone else.

Is my company breaking any laws?

cyjeff
10-18-2006, 07:18 PM
I am confused.

If you are a salaried employee, you shouldn't be compensated or punished for the actual time you post. Your salary shouldn't change.

If you are salaried, you can be disciplined for coming in late even if you work late. Most employers don't mind as long as they are getting the right amount of work out of you, but they don't have to.

If you are non-exempt and paid by the hour, then other rules apply... though you can still be disciplined for coming in late.

skyy01
10-18-2006, 07:20 PM
I get confused by it to. I am salary non-exempt and get paid by the hour. When I originally started and signed my employment agreement I was told I would be paid $800.00 per week, I was never required to punch in. Now 2 years later most of the "non-traveling" sales people are required to punch in. In April I started traveling every couple of months but I'm still hourly and do not get paid for the extra time I spend traveling. For example last month I was required to leave on a Sunday for a sales trip and spent 6 hours driving to Ohio. Do they have to pay me for this time? They required me to leave on Sunday.

And when I come back from lunch late I'm not getting paid for the time I miss, just like I'm not getting paid for the time I come in early so to me it balances out.

cyjeff
10-18-2006, 07:24 PM
Okay, let's assume you are salary non-exempt.

By definition, this means that you are paid the same whether you put in 40 or 80 hours a week including weekends. This means that the travel and the Sunday work are just part of your job.

You can still be disciplined for coming in late to work if you put in 90 hours a week. And yes, that discipline can include termination.

Your boss is being nitpicky, a jerk and not very professional. None of these are illegal.

ScottB
10-19-2006, 03:26 AM
Okay, let's assume you are salary non-exempt.

By definition, this means that you are paid the same whether you put in 40 or 80 hours a week including weekends. This means that the travel and the Sunday work are just part of your job.

Umm, Jeff, I see you posted this late in the evening. Fatigue must have gotten to you, since what you posted would be true only of exempt employees, not salaried non-exempts.

Looks to me like the company was tightening up on its pay procedures by paying closer attention to when the OP was reporting to and leaving from work. The OP should not show up for work early or, at least, not do any work before scheduled.

As for the Sunday travel, the OP gets paid for that only if driving. If the OP flies, takes a bus or a train, then there is no need for the company to pay for the time involved.

Working at a trade show on Sunday is different. This needs to be paid.

Any hours worked over 40 in a work week must be paid at an overtime rate.

Pattymd
10-19-2006, 03:56 AM
And ScottB, I think we have a disagreement here. Nonexempt, whether salaried or hourly, must be paid for time spent traveling as a passenger in a bus, plane, or train, if this is an overnight trip "away from home", when the hours coincide with the employee's regularly scheduled work day, even if that travel occurs on a non-scheduled work day.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_785/29CFR785.39.htm
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_778/29CFR778.113.htm

After (too) many years in payroll, I have come to the opinion that "salaried nonexempt" is unnecessary, confusing, and a nightmare to administer. :mad:

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