02-10-2006, 12:52 PM
I work for a company in Arizona who does not offer sick pay. Is that legal?
Also, all salaried employees are made to fill out time cards that indicate we have only worked 80 hours per 2 weeks, when in fact we work well over that. Is that legal? Are they leaving themsleves open to a lawsuit?
Lastly, if I am classified as an hourly employee, can they make me put down that I worked 80 hours when I have worked 90?
Thank you for your help!
1.) Yes, it is legal. No law in any state requires an employer to provide paid sick days. If you are an exempt employee, your employer would be required by law to pay you for any days missed for illness if he does not offer sick days, but he is not violating any laws by not doing so.
2.) Salaried is only a pay method. What matters is whether you are exempt or non-exempt. If you are exempt, then what they are doing does not put them in any kind of jeopardy because an exempt employee is not paid on the basis of hours worked and they have no legal obligation to keep track of the hours worked by exempt employees. If you are non-exempt then yes, there might be a legal issue involved.
3.) IF you are classified as hourly (non-exempt) then they have to pay you for all hours worked. If you worked 90 hours, you have to be paid for 90 hours.
So, which is it? Are you paid on salary, as indicated by #2, or hourly, as indicated by question #3?
02-10-2006, 01:45 PM
Thank you for your reply!
Well, I was a salaried employee; but due to my religious beliefs and having to take time off to observe my religious holidays, they changed me to an hourly employee (my 8 days of vacation would not cover my time off needed). So now they have me put down 80 hours per pay period regardless of how many hours I work.
The other employees there who are "salaried" have to do the same thing. Everyone is curious about the legality of it... so I thought while I was asking about my situation I would ask about theirs. :)
As for the sick pay - my employer believes that if given paid sick days, people will abuse it - so if you are sick you have to use a vacation day to cover it. I have never experienced that before, so just wanted to check. Your answer kind of confuses me...so are you saying that if you are exempt, aren't offered sick days and are sick, they do have to pay you?
If you are EXEMPT (exempt and salaried are not synonymous) and the employer does not offer paid sick days and you call in sick, yes, they have to pay you.
However, it WOULD be legal for them to require you to take a vacation day. The DOL doesn't care if the company volunteers the wage or takes it out of your vacation time, only that you get paid.