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salaried employees rules and regulations Florida

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  • salaried employees rules and regulations Florida

    I was recently hired by a small business in Florida with about 30 people. I was told I was managment and would be a salaried employee. I was also told I would be expected to work a 50 hour week although if its not busy it may be closer to 40. I never received an official offer of employment so I don't technically know what my rights are in this situation as far as when they have to pay me or don't have to.

    Some salaried employees in the company work 40 hours per week and if they go over 42 hours they can "bank" time if they have prior approval. I however am also salaried but cannot "bank" any time until after I go over 50 hours per week.

    I asked for Monday and Tuesday off of this week and they are reducing my pay for that, even though I am trying to make up the time and have worked 4 extra hours so far, they say that is what is expected of management employees.

    I am still required to punch in and out, the whole situation seems a bit odd but perhaps I was wrong for not insisting on a more clear written explanation of what is expected.

  • #2
    follow up

    To give you another example. One week I ended up having to take part of the day off since my daughter was ill and had to take her to the doctor. I was told I had to make the time up and I did. If salary means they have to pay you for every day you show up for work then I'm wondering why I had to make that time up?

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    • #3
      "Salaried" is only a pay method.

      If you are exempt, then there are no circumstances whatsoever in which you are entitled by law to any compensation whatsoever over and above your regular salary no matter how many hours you work. Exempt employees are not paid on the basis of their hours, but on the basis of the value of their work to the company. An exempt employee may have their salary docked in extremely limited circumstances, including and limited to:

      1.) If it is the first or last week of employment and you did not work the entire week
      2.) If you are on FMLA
      3.) If your employer offers a "reasonable" number of paid sick days; you are either not yet eligible for them or have used all to which you are entitled, and you call in sick (again)
      4.) If you take a full day off for personal reasons
      5.) If you are suspended for a major safety violation
      6.) If you are suspended for the violation of a written company policy to which all employees are subject and which relates to workplace conduct.

      Please note that only in the case of #2 can you be docked salary in partial day increments. Unless FMLA is involved, any docking of dollars can only be done in full day increments. You can, however, be required to use vacation, sick or personal time in either full or partial day increments to cover any absences.

      Exempt employees may legally be granted comp time but it is not required that the employer permit it.

      If you are non-exempt, then you can be paid on salary when you work 40 hours or under, but you must also be paid overtime for any hours over 40. Comp time is NOT permitted under the law, and you have no legal expectation of being paid for any time you did not work.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Nothing in the law prohibits an employer from requiring an exempt employee to make up time. Being exempt does not mean you get to come and go as you please, despite what many people mistakenly believe.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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        • #5
          thanks

          thanks, this has been helpful, this sure is confusing territory!

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          • #6
            That it is!
            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

            Comment


            • #7
              Originally posted by Laura P.
              I was recently hired by a small business in Florida with about 30 people. I was told I was managment and would be a salaried employee. I was also told I would be expected to work a 50 hour week although if its not busy it may be closer to 40. I never received an official offer of employment so I don't technically know what my rights are in this situation as far as when they have to pay me or don't have to.

              Some salaried employees in the company work 40 hours per week and if they go over 42 hours they can "bank" time if they have prior approval. I however am also salaried but cannot "bank" any time until after I go over 50 hours per week.

              I asked for Monday and Tuesday off of this week and they are reducing my pay for that, even though I am trying to make up the time and have worked 4 extra hours so far, they say that is what is expected of management employees.

              I am still required to punch in and out, the whole situation seems a bit odd but perhaps I was wrong for not insisting on a more clear written explanation of what is expected.
              To satisfy the salary deductions you must know if you are an exempt or non-exempt employee. For exempt employee the provision of 541.118 must be follow here

              http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.118.htm

              For salary non-exempt employee there are no deductions and the provisions of 778.114 should be follow here

              http://www.dol.gov/dol/allcfr/ESA/Ti...CFR778.114.htm

              And unless you are a government worker bank time is not authorized
              Last edited by ArmyRetCW3; 08-29-2006, 08:31 PM.
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