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View Full Version : Salaried with no flexibility in workhours Arizona


rey
07-12-2007, 04:45 PM
Howdy all.
First time here.
I and others in our company in AZ are salaried. And in previous positions w/other employers, I have been able to take time for personal errands such as medical visit, etc and subsequently make up the time taken to complete my 40 hours.

However, with the current employer, if I do not sign out with 8 hrs recorded then I will only be paid for the hours recorded. If during the week, I made up the time taken for personal needs and recorded over 80 hours for the 2 week period, I will only be paid on the total of the daily hours worked/records. For example, in one 2 week period, I worked/recorded approx 85 hours - don't have the pay slip with me as I type this - and I was paid for 75 hours.

Prior to the company being purchased, our HR person, who has not been replaced, permitted/allowed employees to make up the time so as to meet the 80 hours. But with new management, they are only paying on the amount of time recorded on a daily basis not the cumulative time.

Is this acceptable in AZ? Do I and others have an issue that should be discussed with the AZ Labor Dept? Queries to management regarding this issue have as of yet not been responded to other than we are working it...

Thank you for your comments/suggestions.

cbg
07-13-2007, 12:29 AM
Salaried is only a pay method and has no legal standing in and of itself. Are you exempt or non-exempt?

rey
07-13-2007, 12:45 PM
Good question which I'll have to verify come Monday.
But I presume that I am exempt as I'm in the IT section and currently the only one in it...

DAW
07-13-2007, 02:43 PM
All employees are Non-Exempt until and unless the employer makes a successful claim that the employee qualifies under one of the Exempt classifictions. No employee must be treated as Exempt. Microsoft could treat Bill Gates as Non-Exempt if they wanted to. The converse is not true. It would be difficult to impossible for an employer to treat say a janitor as Exempt. Any employee who feels that they have been improperly classified as Exempt can file a wage claim with federal or state DOL.

Non-Exempt employees must be paid overtime on all hours worked past 40 in the work week under the federal rules. Properly classified exempt employees never have a valid claim to paid overtime under the federal rules.

http://www.dol.gov/esa/regs/compliance/whd/fairpay/main.htm

As CBG said, "Salaried" and "Hourly" are just payment methods. Any Non-Exempt employee can be paid on a Salaried (or a Hourly) basis. Exempt employees under the Administrative, Exempt or Professional classifications must be paid on a Salaried basis.

The next webpointer is for the federal Exempt Salaried rules. The one after that is for the most common federal Non-Exempt Salaried rules. The employer is required to follow the rules associated with the classification they have choosen for the employee.

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_778/29CFR778.113.htm

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