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View Full Version : Am I still exempt? Is this constructive discharge?


job_misery
02-23-2009, 04:38 PM
I was hired as a salaried exempt employee at a salary of 60k. Now my boss is having us fill out time cards which must be signed each week by a supervisor. We must indicate time in, lunch time, time out, and total hours worked which must be 40 work hours, meaning we are not paid for lunch.

Am I still an exempt employee?

Also, PTO must now be submitted a week in advance with permission by my supervisor. Does this mean we no longer have sick leave available? We were told not to schedule medical appointments during the day. Any reasonable person knows doctors do not work nights and weekends.

Do I have a possible action as constructive discharge since my new "supervisor" is far below me in age, experience and education? :eek:

cbg
02-23-2009, 05:38 PM
Yes, you are still an exempt employee. There is nothing whatsoever illegal about having an exempt employee track their time. It does not destroy the exemption.

There is also nothing wrong with having to submit PTO requests in advance. I don't see where asking for foreseeable time to be requested in advance means that there is no longer sick leave.

I'm not seeing a case for contructive discharge here.

DAW
02-23-2009, 06:34 PM
While I agree with the past answer that nothing in your question would challenge your Exempt status, I am going to say that this all assumes that you were legally Exempt in the first place (not your question).
http://www.dol.gov/esa/whd/regs/compliance/fairpay/main.htm

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