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Exempt part-time question North Carolina

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  • Exempt part-time question North Carolina

    Benefit time is calculated and accrued in hours not days, including those for exempt employees. My company provides benefit time to employees at the following rate:
    full time - 100%
    .9 - 100%
    .8 - 100%
    .75 - 50%
    .5- 50%
    .25 - 50%

    My department does not allow .9 or .8 due to exempt status. Obviously, the .75 employee is not treated fairly. Receiving 50% vacation time, but having to use it at 75% rate hurts. That is the only classification that is that is unbalanced and unfair. Is there any law, either related to the exempt status or part-time status, that could help?

  • #2
    Not really, since federal law does not require benefit hours at all, and what state law that exists (but not in your state) is not that specific. No state requires that benefit hours be given at all, and no state mandates any particular minimum. Some states have restrictions on forfeiture of benefit hours once earned and/or rules on paying of benefit hours on termination.

    One possible issue. The federal Exempt Salaried rules are 29 CFR 541.602 and those rules are applicable in the entirity to all Exempt Salaried employees, including part time ones. Since employers are never forced to make an employee Exempt, many employer never have part time Exempt employees because the rules restricting docking can be particularly burdensome to employers for part timers. You might want to take a hard look at those rules. The rules do not get you any paid time off, but do often prevent docking (which is sort of the same thing).

    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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