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JanTaylor1954
08-08-2008, 09:20 AM
I work for a company that originally was based in Utah. 2 years ago we were bought out and merged with our biggest competitor to create a new company. The home office is based in Irvine, California.

I am a salaried exempt employee. When working for the original company we were never required to be here certain hours nor were we docked pay for being late or taking a few hours for personal issues.

Since merging as a new company we are now being required to be here on certain hours and if we are late or take time for personal matters we are required to make that time up.

First question: Do we fall under Utah labor laws or California's?
Second Question: Being that we are salaried employees, can they require us to be here certain hours and stick to that schedule.
Third: Can they require us to make up the time if we are 15 minutes late or take an hour or two for personal matters?

Any help would be appreciated.

DAW
08-08-2008, 09:30 AM
First question: Do we fall under Utah labor laws or California's?


You fall under the laws of the state in which the work is actually being done. It almost never matters for labor law purposes where the company headquarters is. For contract law purposes it might make a difference.

Second Question: Being that we are salaried employees, can they require us to be here certain hours and stick to that schedule.
Third: Can they require us to make up the time if we are 15 minutes late or take an hour or two for personal matters?

Yes they can. "Exempt" and "Salaried" are federal labor law concepts (FLSA). These concepts are mostly related to how employees are paid. There is nothing in federal labor law that does not allow employers to require the sort of things you mention.

The other problem is that you are bringing up issues that state law also tends to not care about. The sorts of things you are discussing are pretty legal for any employer and any employee in any state.

JanTaylor1954
08-08-2008, 09:37 AM
I understood that when you were Salaried verses Hourly that you were getting paid for the job you do, not the hours you work. And if you show up for even two hours a day, they must pay you for that day regardless of whether or not you make up the missed hours.

Pattymd
08-08-2008, 10:59 AM
I understood that when you were Salaried verses Hourly that you were getting paid for the job you do, not the hours you work. And if you show up for even two hours a day, they must pay you for that day regardless of whether or not you make up the missed hours.

That's exempt vs. nonexempt and, generally speaking, that's true. However that affects only PAY. It does not have an effect on required hours, making up missed time, offsetting missed time with paid time off, etc; those are all working conditions which the Fair Labor Standards Act couldn't care less.

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