My company just had a meeting today because effective today we are starting rules for overtime. They did not pay overtime in the past. They say it is because we now exceed 50 employees and have to adhere to the federal law on ot. (However, when I worked in a company of ten and assisted with the HR, we adhered to these very same rules several years ago.)

They told a group of us that as a result of our now having to adhere to the federal laws we are non-exempt and can not work overtime w/o a managers permission. (I beleieve, they should have always followed these guidelines but that is neither here nor there)

We have to work 8-5 M-F with a one hour lunch. If we get here early we can not work. We can not work through lunch. If we work overtime w/o a managers permission then we will be paid overtime only if the manager notices it. OT is not in the budget. (Personally I don't want to work more than 40 hours, I have three kids at home)

Anyway a question came up in the meeting...

A woman, an administrative employee, is taking a vacation day next Monday but wants to come in on Saturday of that week to make sure she stays caught up.

It is my understanding that she would then be paid for her vacation day plus the additional hours. 40 hours work plus the vacation day

The manager said you can work the eight hours but you will not be paid for it because you would not be working more than 40 hours. She says this is because the employee is paid a salary.

I asked if she also gets paid for the vacation day? She said no. I said "does she get the vacation day back. She said no."

So my question is if I schedule to use a vacation day but then work 40 hours do I either get that vacation day back or I get paid for 40 hours and a vacation day?

Thank you very much for your assistance.

Arri

That is a matter of company policy.

Nothing in the law requires an employer to offer paid vacations, and as long as he does not violate discrimination laws, he is free to determine how and when they can be used.

An employee is required to be paid for all the hours they actually worked. The law does not require that they be paid for vacations; it likewise does not require that they be paid overtime unless they actually WORK more than 40 hours in a week. Vacation, personal, sick and holiday pay does not have to be included in determining overtime.

BTW, any employer, regardless of size, who engages in interstate commerce is subject to the FLSA (which is the main law regarding the payment of wages and overtime) and the definition of interstate commerce is so broad that it encompasses virtually all employers. So you are no doubt correct that you should have been following the FLSA all along. From what you have said, it would appear that your employer does not fully understand this law. It is, however, quite legal for them to require that you have permission before working overtime and you can be disciplined (though not through the docking of pay) for doing so.

Thank you very much for your reply! So they would pay for the 40 hours worked and for the vacation day?

Sincerely,
ArriGhent

That's up to them. If they want to pay for 40 hours work AND the vacation day, they can. But the only HAVE to pay her for the time she works.