I have read all the FACT sheet on the DOL website and I am positive I do not meet any of the EXEMPT criteria. I work and have been working a minimum of 45 hours a week 7:30 - 5:00 and sometimes more. Sometimes nights or weekends as well as the Mon-Fri 7:30-5:00.

I am paid a "salery" of $577.00 per week. No matter how many hours over the "scheduled" 45 hours I work. (NO OVERTIME PAY)
Now they even want to dock my pay if I am late due to a doctors appointment as if I were hourly?

According to the DOL they are doing a few things wrong here. But being a "Native" Floridian I know that Florida could have some loop hole.

Is my employer responsible for following the DOL laws or not?

Yes. While a state can provide better protection than the Feds if they choose to, state law cannot take away any protection that is offered by the Federal laws

However, as it happens, Florida law follows Federal in almost all respects. They have a higher minimum wage than the Federal, but that's almost (not quite) the only way they vary. Nothing in Florida law would suggest that you can be paid as an exempt when you do not qualify under Federal definitions. Granted, Florida wage laws are pretty weak, but they aren't that weak.

You can file a complaint with either the state or Federal DOL.

OK, So you're saying that I am owed the overtime correct?

They are supposed to take my salery rate divide it into the hours etc and pay the overtime, right?

Also as a "salery" paid employee I'm entitled to my full pay regaurdless of hours worked; correct?

I've already brought this up to my employer and they tell me I don't know what I'm talking about! So I just wanted to confirm before I make the complaint....

Thanks!

I have no idea whether you are owed the overtime or not. IF you are correct and your job does not qualify as exempt, then yes, you are owned the overtime. But I can't assess whether you are correct or not since you've told me nothing about your job duties or responsibilities.

Salaried is only a pay method. It has no force in law. If you are non-exempt, then they can choose to pay you on a salaried basis (as long as they also pay any overtime that is due) but they are not under any obligation to do so or to pay you for time you did not work. If you are non-exempt they do have to pay you overtime, but they can legally dock you for missing time for your doctor's appointments or for any other time that you are not on the job.

On the other hand, if you are exempt, you cannot be docked for any partial day absences unless they are covered by FMLA, and it is only for very limited circumstances that you can be docked for full day absences. However, as an exempt there are no circumstances whatsoever in which you are entitled to any additional compensation over and above your regular salary, no matter how many hours you work.

Neither you nor the employer gets to have it both ways. They can't count you as an exempt employee when you work extra hours but then dock you when you miss time. But neither do you get to claim overtime as a non-exempt employee, but then turn around and say, I'm salaried, you can't dock me.

I think I'm more confused! :rolleyes:


Duties:
- I have no official title but I'm in sales.
- I work for a machine shop that repairs/sells boat propeller, boat shafts, rudders and a few other metal products both retail and wholesale.
- I work at the front counter helping customers, ancwering the phones, writing up work orders etc. I also do some work on our website from my desk when time allows as well as work in the machine shop here and there.
- I do not supervise anyone and have NO decision making powers.

So what are my guidelines?

Sorry, I don't mean to be a pain!

Inside or outside sales? It makes a difference.

I think part of the problem is that you are, like many people, assuming that "salaried" and "exempt" are synonymous. They are not. A non-exempt employee may LEGALLY be paid on a salaried basis when they work 40 hours a week or less; if they work more than that, they still have to be paid OT. Whereas exempt employees are commonly paid on a salaried basis, but nonetheless many lawyers, doctors, computer professionals etc. who clearly meet exempt standards are still paid on an hourly basis.

Just so that you know, there are several possible overtime exemptions and supervising other employees is a prerequisite of only one of them. It is NOT manadatory that you supervise other employees before you can be considered exempt. I'm not saying you are; just correcting a common misconception.

I'm inside!

I think I'm clear on the docking aspect. Basicaly yes they can dock me but the overtime issue is still on the table.

If you are inside sales, you're non-exempt. You can be docked for any time not at work; you must be paid overtime for any hours over 40 in a week.

Thank you very much! I wasn't so concerned about the docking due the the fact there was only one accourence. But I've been forced to work the 45+ hours a week for more than a year now.

I have my letter to my local DOL office in my hand and a new job already lined up!

Thanks again, what a great forum!

You do understand, don't you, that there is nothing whatsoever illegal about requiring you to work over 40 hours a week? That if they had a firm and unyielding policy that you had to work 60 hours a week or more each and every week, it would be legal?

You can be required to work as many hours as the company wants you to. You can be asked to work 24 hours a day (it would be stupid, but not illegal). It's just that as a non-exempt employee, you have to be paid at time and a half for any hours over 40 in a week.

I have a wife, two mortgages, three cars, two boats and kid in college. I'll work any amount of hours if I'm getting paid. :D

My problem is they think because I'm on "salary" that means I work as many hours required for the same amount and that NO salary employee is eligible for overtime!

Thanks again!!

Just to make clear, if you are exempt, you never have to be paid overtime or any other additional compensation. Conversely, the employer cannot dock your pay (although they can offset a docking of salary with "Salaried" is merely a pay method, although one of the criteria for the exemption is that you are paid on a salaried basis. However, there is such a thing as "salaried nonexempt".