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?'s about Salary pay in Oklahoma

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  • my_three_boys
    started a topic ?'s about Salary pay in Oklahoma

    ?'s about Salary pay in Oklahoma

    I work for a small family owned company. Besides me there is one other non-family salary employee and 5 hourly non- family employee's. My question is when overtime is worked for a salary employee they don't get paid for it. ?? or do they for say comp. time? Now the road that I have not yet crossed is when the salary employee is out of sick time and vacation time, do they get docked when they miss and do not work a full 80 hours. i am not yet in jepoardy of this but I am a mother of three and it is almost likely that I will use all of the vacation and sick time I have before I get more. Now I have been with this company for almost 4 years, and get 10 vacation days and 10 sick days a year acording to our handbook, but it does not cover what would happen to me if I do not work the full 80. Now here is the kicker, I have 1 out of 5 paychecks that I do not have at least some over time. Is there some rule or law somewhere stating that any salary emplyee who works over time gets comp. time. Like say I do run out of the sick and vacation time, would all the overtime I have worked make up for the time that I may miss in the future on any payperiod? OR is that a thing that should be worked out with the employer.....One last thing the employer put me on salary with out even asking or telling me that it was going to happen and I make about 175.00 less a period than I made hourly but they say it is a raise and all works out in the annual.....lost in a sea of confusion...help please...

  • Pattymd
    replied
    And, all of what cbg said presume that employer is subject to the Fair Labor Standards Act or its state equivalent (if any).

    What kind of business is this?
    What is the annual estimated revenue of this company?
    Does the company transact interstate commerce?

    Leave a comment:


  • cbg
    replied
    Salaried is only a pay method. What matters is exempt or non-exempt.

    There are no circumstances whatsoever in which an exempt employee is entitled to overtime under the law. The employer may, but is not required to, offer comp time if they so choose.

    An exempt employee who takes a full day off for personal reasons does not have to be paid for it, so if they are out of vacation time it's okay to dock you for it. However, sick time is a little more complicated. It depends on how much, if any, paid sick time you offer. If they offer a "reasonable" number of paid sick days (not defined by statute but generally accepted to be five or more) then when the exempt employee is out of sick time (or if they are not yet eligible for it) you can be docked for it. But if they don't, you can't.

    The employer MAY, if they choose to, allow the "extra" hours that you have worked to be applied to such shortages. It is not required by law; it is entirely up to the employer whether to do so or not. An exempt employee's salary covers as many or as few hours as they work; they are not paid on the basis of how many hours they work.

    All of this presumes that you are legitimately an exempt employee, which may or may not be so. If you are non-exempt, but paid on a salaried basis, the answers are different. It is your job duties that determine if you are exempt or non-exempt so without knowing what it is that you do on a daily basis we can't tell if you are correctly classifed or not. If you would like to give us an idea what it is that you do on a daily basis, we can offer an opinion as to whether you are exempt or not.

    Leave a comment:

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