When I started my position about two years ago I signed on as an exempt employee. This has not changed. Recently I read that as an exempt employee I should get paid for 40 hours even if I go over or work less, is that true? In the past I have not asked for OT because I was informed that I was not eligible when I hired in. However when I take time off, I do not charge those hours. Should I be charging for 40 hours even when I'm only at work for 38?

Please advise.

Most exempt employees, but not all, are paid a salary and it does not change no matter how many or how few hours they work (some limited exceptions, such as taking a day off for personal reasons and not having any paid time off available).

The federal government does not require records of time worked by exempt employees, but employers may require it. Even if they don't, it is good practice for employees to keep a record of how many hours they work each week.

Whether you should "charge" your vacation/sick bank for partial day absences (I assume that's what you're talking about) is up to the company; the law does not address this circumstance to that level of detail.

More info to my post.......

I do not recieve any vacation time, sick time, personal time etc. My company has several days off during the year, Martin Luther, Columbus etc.

Do I get docked for those days even though I am available to work? :confused:

As an exempt employee, there are very limited circumstances under which your salary may be docked. It cannot be docked for any week in which you performed some work (unless the absence was due to intermittent FMLA or it's your first/last week of employment). So, if the company were closed on a regular work day for a holiday and there is no "holiday pay", you must be paid your regular wages for that day.

I'm not sure then, what you were talking about when you said "charge". Charge what/who? :confused:

I'm sorry I wasn't clear, by charging I meant put those hours on my time card.

I have worked here for some time and have not gotten paid for the holidays that we are off. When I asked about it I was told that I was an exempt employee and that only means that you only get straight time for OT, if you dont work you dont get paid.

Here's the FLSA regulation regarding "salary basis" for exempt employees:
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm

If your salary has been docked in violation of these provisions, you should file a claim with the state Dept. of Labor. The fact that they are paying you "straight-time overtime" for hours worked in excess of 40 (which you are not entitled to by law) and the fact that your salary is being improperly docked may very well result in the DOL deciding that they are treating you as, in actuality, a nonexempt employee.

This employer doesn't seem to know the difference.

Thank you all for for information.

One more thing.... all the posts that I see mention exempt employees are salary, they pay me an hourly rate.... Can I go back and have them pay me for the holidays they didn't pay me for?

If you are being paid an hourly rate, you are almost definitely being treated as a nonexempt employee. I'd start by filing a claim with the state Dept. of Labor for improper docking of salary of an exempt employee and, by default, unpaid overtime.

Today HR responded to me saying that I was an exempt employee and in thier handbook an exempt employee means being paid for hours worked only, and only straight time for OT..... UGH!

HR is absolutely wrong. They do not get to decide how an exempt employee gets paid.

There are two possibilities.

1.) You are exempt. If you are exempt, with very rare exceptions for professional and computer exemptions, you are paid on a salaried basis. You do not receive any overtime unless your employer chooses to offer it; you have no legal expectation of receiving overtime EVER. But, on the other hand, if you work at any time during the week, you get paid for the entire week, with rare exceptions.

2.) You are non-exempt. If you are non-exempt, you do not get paid for any time you do not work. But if you work over 40 hours in a week, you get overtime at the rate of time and a half.

There are NO circumstances in which paying you only for hours worked and then paying straight time for overtime is legal.

Thank you so much! So now I would guess my step is to file a complaint since they don't seem to see it the correct way?

That would be my suggestion, yes.

I thought you could be docked if you take an entire day off?

You can in certain, limited circumstances. But an exempt employee who is paid "only for time worked" is almost certainly not only being docked in those limited circumstances.

There are some exempt employees who CAN be paid by the hour. Lawyers and doctors come to mind, and some computer professionals.

At this point, the question to scampb45 is "What do you do?" (please, don't give me a job title, but do describe your job).

There are some exempt employees who CAN be paid by the hour.

That's true, and I indicated that there were exceptions for some professionals and computer professionals. If I were a betting woman, however, I'd be willing to bet that when the OP responds, he will not be in one of those few exceptions.

If I were a betting woman, however, I'd be willing to bet that when the OP responds, he will not be in one of those few exceptions.

I would not take you up on the bet. I was only trying to make sure we covered as many bases as possible.

Fair enough! ;)

I am an Executive Assistant, maintain calendars, answer phones, create presentations, spread sheets etc

As I said...

That's unquestionably not one that can be paid hourly. On the basis of the little you provided us, I'm not convinced you're exempt at all.