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toastnbutter
07-15-2005, 04:59 PM
Does being an exempt employee mean that you can not expect so much as comp time? Someone in my company told me that basically as an exempt employee you are expected to work for however long it takes to perform ones job despite the fact we received e-mails indicating that we were expected at work between 8:30 - 5:00 with a half hour unpaid time.

If it is considered unpaid why are we expected to work for however long it takes to perform ones job?

Are the rules any different if you carry a pager or cell phone that you might get called on. Can one expect that if you might get called on sever issues that the company should pay for this service all the time or just the instances where ones personal equipment was used for work?

cbg
07-15-2005, 05:32 PM
An exempt employee is paid on the basis of getting their work done, not on the basis of a 40 hour week. For some reason, many exempt employees believe that their salary is based on a 40 hour week and that any time over and above that is "working for free". That is not the case. It is by no means unusual for an exempt employee to work 50, 60, 70 or more hours a week. Their salary is projected on that basis.

The difference is that if you work only 32 hours one week, or 25, or 17, you still get paid your entire salary (except in VERY limited exceptions). You don't get docked for taking two hours to go to the doctor, or taking an afternoon to talk to your kid's teacher, or leaving early to attend your kid's soccer game.

Another common, but incorrect, belief is that an exempt employee gets to make their own hours. That is also not the case. An employer can establish certain hours that all employees, both exempt and non-exempt, have to be in the office. "Floor time" is legal.

No, it does not make any difference if you carry a pager. If you are correctly classified as exempt, there are no circumstances whatsoever in which you are legally entitled to any compensation over and above your regular salary. Some employers will offer it anyway, but there is no legal expectation of it for exempts.

Comp time is legal for exempts, unlike non-exempts. An employer MAY offer comp time if they choose to. But it is not required by law.

flaemployee
05-18-2006, 11:18 AM
So basically we as employees are at the mercy of our employers.

You made this statement "You don't get docked for taking two hours to go to the doctor, or taking an afternoon to talk to your kid's teacher, or leaving early to attend your kid's soccer game."

However, if an employer deems your absences as excessive they can take disciplinary actions against you. And who determines what "excessive" is? From what I have been reading an "Exempt Employee" has no rights except to do as the employer dictates to them, am I correct?

mlane58
05-18-2006, 11:25 AM
So basically we as employees are at the mercy of our employers.

You made this statement "You don't get docked for taking two hours to go to the doctor, or taking an afternoon to talk to your kid's teacher, or leaving early to attend your kid's soccer game."

However, if an employer deems your absences as excessive they can take disciplinary actions against you. And who determines what "excessive" is? From what I have been reading an "Exempt Employee" has no rights except to do as the employer dictates to them, am I correct?
You could look at it that way if you want. It really sounds as if you are truly unhappy, make a concerted effort to find an organization you are happt with.

flaemployee
05-18-2006, 12:30 PM
No, not necessarily. I have a difficult time understanding how just because I am a salaried employee that I can be made to work as much as the employer desires. And after working 17 hours of overtime in two days, you're exhausted and are still required to be in at work during normal hours. Then when you do request time off to talk to your child's teacher, doctor, dentist visits, etc. you are then reprimanded for it and there is nothing that can be done. Now you have a blemish on your employment record. I guess I just don't get it....

What exactly are the benefits of being a salaried employee?

I suppose the most frustrating is the fact that the laws are so vague that no one really knows. They can literally be interpreted in two completely different ways by different people.

I appreciate your input, thanks!

Pattymd
05-18-2006, 02:43 PM
As we've explained numerous times, "salaried" is merely a pay method. The issue is whether you are exempt or nonexempt (nonexempt employees can be paid "salary").

The primary "disadvantage" to the employee is that you are expected to work whatever hours are necessary to get your job done. The primary "advantage" to the employee is that there are very limited circumstances under which your guaranteed weekly salary can be docked.

Such is the life of an exempt employee. Love it or leave it. :)

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