Regalhank
03-06-2009, 09:33 AM
Blend of exempt and non-exempt employees in this not-for-profit in New York State. Occasionally we will have a meeting or conference to attend on a night or week-end day and are told "we all must be there". It is for the benefit of the organization. We do not pay extra in cash but supervisor will say "well take a half-day or day off next week" instead. I am fairly certain this is not legal--however, does cash HAVE to be paid to both exempt and non-exempt employees for these after-hours functions? I realize for the exempt, we are not talking overtime but are we talking straight-time pay?
There are no circumstances whatsoever under which the law requires an exempt employee to be paid a single penny over and above his normal salary, regardless of how many hours he worked or after hours conferences/meetings he attends. Therefore, there is no illegality transpiring with respect to exempt employees.
Depending on the exact circumstances, what is occurring may or may not be legal for non-exempts. If the extra time off occurs in the SAME WORKWEEK as the extra hours meeting, then you are legal for non-exempts as well. If it falls over into the next work week EVEN IF IT IS PART OF THE SAME PAY PERIOD, then non-exempt employees would have to be paid for the time of the meeting, and overtime if it puts them into over 40 hours for the week.