anonymity issues

Exempt or non-exempt, it is completely legal for an employer to require that you apply vacation time to any absences, of either full day or partial day duration, with or without your permission. There does not have to be a written policy for this to be true.

anonymity issues

Not exactly true. However, this just isn't one of the issues that the legislature in Rhode Island has chosen to address (no other state, either).

anonymity issues

SHOULD there be an employee handbook and written policies? Absolutely. They just aren't required by law and you'd be surprised how many small companies don't have them.

"Salaried" is merely a pay method. The issue is whether you are exempt or nonexempt. I see that you are a manager. Do you manage at least 2 full-time-equivalent employees?

The employer must keep accurate records of hours worked for nonexempt employees under the FLSA. I know of no state, including yours, that requires such recordkeeping for exempt employees.

It's never a bad idea to keep your own records of hours worked, but I would not punch a time card unless your employer asks/requires you to. You can keep a paper notebook or spreadsheet at home; don't use your employer's equipment or time to do this. If, then, it turns out that you are being treated as an exempt employee when you don't meet the criteria, you will have your records to back up a wage claim.

anonymity issues

In actual fact, no state requires any employee to punch a time card. Federal law requires that an employer keep accurate records of the hours worked by each non-exempt employee, but does not specify how those records must be kept. I have heard rumors that one or two states have started requiring that records of exempt employees be kept as well, but that doesn't mean that time cards are required if the employer has another, accurate, method for keeping the required records.

OK, so you wouldn't qualify as exempt under the Executive exemption. Maybe (although it may be a stretch) you could qualify under the Administrative exemption. Salaried "Exempt" status means, among other things, that you must be paid at least $455/week (federal, some states are higher), not eligible for overtime, but very limited restrictions on docking of pay.
http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17c_administrative.pdf
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.603.htm

Interesting. I just found this and I sit corrected. :o Do with it what you will. :)
What types of records of hours must be kept and who is exempt?

An employer must keep an accurate daily and weekly (time in and out) record for all employees. No one, including employees paid on a salary basis, is exempt from this law. These records, along with payroll records, must be kept for at least three years.
http://www.dlt.ri.gov/ls/faqs.htm#What%20types%20of%20records%20of%20hours% 20must%20be%20kept%20and%20who%20is%20exempt?

However, as I already indicated, what the law requires is that the employer keep records of the time worked; it does NOT require that time clocks or time cards be used. I will grant, right up front, that time clocks are probably the most accurate way of keeping those records, but it is not the only way to do it.

And if it's not being done? The employer is the one in trouble, not the employee.

anonymity issues

anonymity issues

Maybe there's a spy. :p

Maybe your employer has tagged all of you folks with RF chips. There are ranches that use those to keep track of where their cattle are.

Not your problem. If the state of RI comes looking for the records, and they can't produce them, they're the ones who get fined, not you.

anonymity issues

anonymity issues

Salaried is only a pay method. What matters is if you are exempt or non-exempt. If you are exempt, there are no circumstances whatsoever under which you are legally entitled to overtime, no matter how many hours you work. If you are non-exempt, then paying you on a salaried basis (unless the little used fluctuating work week method is in place) does not change your employer's obligation to pay overtime after 40 hours in a week.

RI does not require paying mileage, which is why you're not finding anything.

anonymity issues

Most likely because their job duties, which is the qualifying standard, did not meet the definition of any of the exempt classifications and they should have been paid OT all along.

anonymity issues

As I said above, it is your JOB DUTIES that determine if you are exempt or non-exempt. Patty or DAW will have the links to the appropriate pages. BTW, we are not talking RI law here; we are talking Federal law.

anonymity issues

Exempt is always a function of actual job duties and sometimes a function of the industry. There are something like 100 or so exceptions to overtime, minimum wage, or both. When most people talk about Exempt, they are talking about the so-called White Collar exceptions (http://www.dol.gov/esa/whd/regs/compliance/fairpay/main.htm). But there are many other possible exceptions. Sheepherders and Movie Theater Ushers to name two of the hundred.

I did give you the link, in my response on the 17th. I don't see where you ever told us what your duties were. If you want an opinion from us, which will along with $2 will get you a large coffee at 7-11, you'll have to give us that information.

anonymity issues

You can PM me if you like.

so we have determined i'm non-exempt.

i'm paid a salary, and at what point should o.t. kick in if at all?

When you have worked more than 40 hours in a work week.

anonymity issues

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

non-exempt OT pay R.I.

http://law.justia.com/rhodeisland/codes/title28/28-12-4.1.html