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Accurate Times on Pay-check/Accured PTO

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  • Accurate Times on Pay-check/Accured PTO

    Okay... I am a healthcare/nurse recruiter in IL (earning $650 in salary per week plus about $50-$90 a week in commissions). I am exempt (I believe.) We are required to work 10 hours a day, five days a week. (8am to 6pm or 7am to 5pm) We are not given any lunch breaks (we eat at our desks while working.) On top of the 50 hour weeks, we are "on-call" every third night and every third weekend (meaning we have a cell phone with us and receive and make about 10-40 calls during the night/early morning or the entire weekend. Lastly, our paychecks show that we work 40 hours/week and we accrue PTO at a rate of 2.31 hours per paycheck (40 hours equals 2.31 hours of PTO.) Should I not be accruing PTO according to the 50 hours I work every week as opposed to the 40? Is it legal for us to be required to work 50 hours a week while our paychecks show us working 40? We are repremanded if we are even 5-10 minutes late even though our stubs show us being there for 40 hours a week. Are any laws being broken here? While on-call there is no "rest day". Please help... Is my current situation illegal or just annoying? Thanks for your time and insight!
    Last edited by bbt26; 03-13-2006, 06:25 PM.

  • #2
    I'm not giving an opinion on whether you qualify as exempt or not, since you didn't ask this question. However, assuming you do, it still is the employer's right to set your work hours and expect you to be on time. Your being exempt does not change that.

    And we have no idea what your employer's PTO policy is, but that 2.31 per week is 120 hours, or 3 weeks per year. I have never, in my 27 years in this business, seen a PTO policy where the accrual for exempt employees is based on hours worked. If the policy says you get 3 weeks per year, that accrual is correct.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      thanks for your post... but i still have questions.

      i wasn't really asking about being on time, i realize employers can expect you to be at work at a certain time. my main question was, "is it legal to say i work 40 hour weeks when i work 50 consistently." the on time bit is a bit odd since they are saying i work 40 hours when i really work 50 so in essence i could take a full day off from work and still have worked 40 hours... is everything they are doing legal? please re-read my original post and let me know what you think. thank you!

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      • #4
        I read it several times. There is no law that is being violated here because they show 40 hours on your pay stub instead of however many you work. Illinois law only requires that deductions be itemized on the pay stub; anything else on it is at the employer's discretion.

        BTW, it is very common for exempt employees to be set up on the payroll system as 40 hours, representing full-time, pay standard salary. The reason systems require some type of hours designation is so that things like PTO can be allocated to the general ledger with a dollar amount attached. If there were no hourly rate, the system couldn't make the calculation.

        I see no violations here. If there were, I would have said so originally.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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