Hello!

I am a graphic designer in Houston, Texas who was hired @ $15 an hour. After a couple of months I was changed to "salary". We get payed twice a month, usually pretty late and sometimes the checks bounce.

We are given no sick or vacation days, ever. If we miss any time, we are docked pay.

My employer will ask to work overtime but we have to fill out a "overtime request" form, like we are the ones asking to work. I think this is to get him out of something... Previously we have been payed straight time for overtime. But he is now saying that some overtime will not be payed because we are salaried.

If you are salaried can you get docked for missed days and still not get any pay for overtime?

Something doesn't seem right.

thank you.

Your paychecks bounce???

Find a different job, something doesn't sound right to me either.

I'm in Houston too and trust me, there are lots of places here where you can find similar work. There is no reason to work for a bad company.

File a claim with the state DOL. There are only certain times that an employer may dock an employee's salary if they are exempt. Though you would qualify as such more than likely, if they are treating you as nonexempt, they must pay OT. While they can request that you notify them ahead of time before working OT, they have to pay you regardless.

File a claim with the state DOL. There are only certain times that an employer may dock an employee's salary if they are exempt. Though you would qualify as such more than likely, if they are treating you as nonexempt, they must pay OT. While they can request that you notify them ahead of time before working OT, they have to pay you regardless.


Thanks.

Yes, it seems to me that they want it both ways. They want to say that I am salaried so that they don't pay OT but still can dock me for missed time.

I understand your pain. Although I have no idea if it's legal, I used to get paid the same way. (You boss doesn't happen to also be an eye doctor, does he? j/k) My response was to get out of there. Good Luck!

I think we already said that an exempt employee can't be docked salary for partial days except if intermittent FMLA is involved. And, if we didn't say that, we should have. ;)

There is a difference between Salaried and Exempt. Salaried means you are paid on a basis other than hourly (for example, you may be paid weekly). Exempt means you are not paid overtime. An employee is considered exempt based on a legal definition, not because the employer labels them such. DOL can help you determine if you are exempt or non-exempt. If you are non-exempt, you get paid overtime for all OT hours worked, even if you do not fill out your form or get permission. However, working unauthorized overtime can get you fired, for not following company policies.

TexasQP, we know that. ;)