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View Full Version : Lunch Break, exempt or not exempt Colorado


klearduke7
04-17-2008, 03:21 PM
I currently have a job were I am paid a salary, i put in 9 hours at the office and rarely take a lunch break. I also work at home a few hours each night when i need to. I took off a few hours early for 2 days for a personal appointment and they docked my pay. I also took an hour lunch with my sister and they docked my pay an hour. Is this Fair?? :confused: :confused: :confused:

DAW
04-17-2008, 03:25 PM
"Salary" is just a payment method and does not mean much by itself.

Are you Exempt (someone with no legal right to paid overtime but certain legal protections against having the salary docked) or Non-Exempt (someone with a legal right to paid overtime but mostly no protections against having the base salary docked)? The rules are very different for Exempt Salaried and Non-Exempt Salaried employees.

The wording of your question implies that you do not know this, and that is what needs to be first determined to answer your question. If so,
- What is the nature of your employer's business?
- What are your job duties?

klearduke7
04-17-2008, 03:38 PM
I am in sales. I often work about 50-55 hours regularly each week. But if I were to work 50 hours that week and take an hour lunch they dock my pay. I do not have anyone working under me, I do not create schedules, infact, nothing i do seems to mandate a basic manager's position.

Pattymd
04-17-2008, 04:32 PM
And also, outside sales or inside sales?

Managing employees is only required for the Executive exemption. There are other exempt classes of employees.

DAW
04-17-2008, 05:46 PM
Also, what is the nature of the employer's business? (There really is a reason that we ask these questions).

klearduke7
04-18-2008, 08:45 AM
Im in inside sales and marketing basically. We sell machine parts for heavy equipment.

DAW
04-18-2008, 08:51 AM
The only possible exemption from overtime that you might qualify for is the Administrative exception.
http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17c_administrative.htm

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