I have several questions that I am very confused about concerning my payheck. I believe I am getting somewhat of a raw deal...but I would like some info before I go and confront my employer. If anyone could offer me some help, I would greatly appreciate it.

1. I am a salaried employee. I do not know if I am exempt or non exempt. I had a large amount of cal time built up which I had not used. I would always see the cal time I had banked on my paychecks. All of the sudden, my cal time has just "dissappeared" like it no longer exists. Is their a certain point that it expires? If not, shouldn't I be compensated for that?

2. As stated above, I am on salary. BUT, I consistantly work over 40 hours a week. I work between 60 and 70 hours every week, but during the busy time - like now I work up to 85 hours. I do not receive any over time pay- ever. BUT, I work for a seasonal business which I am on unemployment in the summer. Is that why I don't get paid over time or should I still be getting paid for my overtime worked?

3. Last question. I am supposed to make a certain amount every year. I get paid 650 salary weekly, which should be 33,800 a year. But when I go on unemployment in the summer, I lose half of my paycheck a week because I only get paid the highest the unemployment office or whatever allows you to get paid. Shouldn't I be getting compensated for the money I lose each summer? b/c it's like 1200 a month. And I am beginning to believe that since I am on salary, I should be on salary the whole year - especially since I don't get any overtime!!!

To whoever reads this and chooses to reply, I would greatly appreciate it. I know it is alot of questions, but I really don't know where to go about resolving these issues, and I don't want to go to my employer with no solid information to back myself up on. Again, thank you so much to whomever replies!

1. To determine if you are nonexempt or exempt ("salaried" is merely a pay method), we need to know what you do and what your primary responsibilites are. By "call time" do you mean compensatory time for being on call? If you take a full day off for personal reasons and you don't have any accrued time off (such as vacation) banked, do you get paid?

2. What type of seasonal business? Some seasonal business are exempt from the overtime provisions of the FLSA (and that's assuming we find you to be nonexempt; if you are exempt, there are NO circumstances under which you

3. No, that's not true. Even if you ARE exempt, you don't have to be paid your salary for any workweek in which you perform no services.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm

I work for a bowling alley. I run the alley, and the lounges inside of it. I am the general manager. By "cal time" I mean my vacation time ie. bank hours. My vacation (cal) time supposevely is supposed to carry over, but like I said, it just became nonexistent.

I'm confused as to how a bowling alley can be a "seasonal employer" as defined by the FLSA for exemption from overtime. Generally speaking, they're talking about businesses like swimming pools, ski resorts, amusement parks, etc. Is the business actually CLOSED during the summer?

However, as the manager of the establishment, it is clearly possible, and likely, that you would be exempt under either the Executive or Administrative classification. As such, the employer is not legally obligated to pay overtime or any other additional pay over and above your weekly salary, no matter how many hours you work. But, you didn't answer this question (the response may change my answer):
If you take a full day off for personal reasons and you don't have any accrued time off (such as vacation) banked, do you get paid?


Michigan law does not prohibit "use-it-or-lose-it" vacation policies. Does the policy state that you lose vacation if you don't take it? If not, have you asked the owner or HR person (if there is one) if you can see the policy?

If I take a personal or sick day, yes I am paid for it. But it was reflected upon my vaction (cal) time. I had almost 6 weeks of cal time built up, and all of the sudden it is gone. I did not use it up.

Also, yes the bowling alley is seasonal. We close at the end of may and re-open in September.

In order to be a "seasonal" employer exempt from the overtime provisions of the FLSA, the business must not be open for more than 7 months in a calendar year; yours is open more than that. Having said that, however, I STILL am pretty sure you would qualify as an exempt employee, so overtime is a moot point; especially since you are not docked salary when you don't work.

And, as previously advised, since use-it-or-lose-it policies are not illegal in Michigan, your vacation will be an internal matter.