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Vacation Law for salaried position NOT PAID!! Alabama Alabama

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  • Vacation Law for salaried position NOT PAID!! Alabama Alabama

    Where i currently work I am a salaried employee. We have 4 managers on 4 rotating shifts throughout a given week, and all have a weeks vacation. We can take our vacation but we must get another one of the 3 managers to cover our vacation before we can take vacation or get a written warning. The manager covering does not get paid for covering the vacation BECAUSE WE ARE SALARY, we are basically working for free when we cover. So technically we do not get a vacation because we have to work for free to cover each other. We can do day and a weeks swap here, that would be the best answer is to just swap all year and get a vacation check at the end of the year. BUT SALARIED EMPLOYEES CAN GET REIMBURSED FOR VACATION NOT USED AND THEY DO NOT ROLL OVER. IS THIS LEGAL!!!

  • #2
    You say "salary" like it means something. Mostly it does not. Under the federal FLSA law, all employees are either Exempt or Non-Exempt. Exempt employees have no legal expectation of paid overtime, while non-exempt employees must be paid overtime. Employees who are both Exempt and Salaried (probably what you are talking about) have no legal expectation of paid overtime, but does have docking restrictions (29 CFR 541.602). Employees who are both Non-Exempt and Salaried (probably not what you are talking about) have a hard legal expectation of paid overtime, but do not have docking restrictions (29 CFR 778.306).

    You mentioned "vacation". While "salaried" and "exempt" are federal law (FLSA) concepts, vacation is not. Federal DOL is clearly on record that vacation does not concern them. Your state could in theory take an interest, but your state in practice does not. You are trying to create a linkage between "vacation" and "salary" that does not actually exist in law.

    Your third point is being told to work time that you do not want to. This is generally legal. What exceptions that actual exists are for things like airline pilots, long haul truckers, minor children employees, and in a very few states that are not Alabama.

    Based solely on what you have said, your employer is not breaking any laws. I understand that this is not the answer you are looking for.

    Not your question, but calling someone a "manager" by itself does not make someone Exempt. Employers can generally make pretty much any employee work pretty much any hours that the employer wants. However, if you can sucessfully challenge the exempt status, paid overtime acts as a deterent to working overtime.

    http://www.dol.gov/whd/regs/compliance/fairpay/main.htm
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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