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    I am curious about a few things . I am a salaried emplyee who has worked for more than four yrs. at a small independent school who calls themselves non-profit..I have always signed in and out to list my hours. The employer has set three days as paid leave for sickness or personal time above the vacation pay she gives us for time over the holidays. This year..the first day of school she instituted a time clock for all staff to use. (this includes hourly and salaried people) I work at home to grade papers and she requires us to attend functions for the school that are unpaid. I think that makes me salaried b/cause she compensates me with an exact figure when she issues out my contract. Am I correct in assuming I am a salaried employee?
    Next question..Is is legal for her to put her salaried enployees on a time clock and not pay them o.t.? I have been keeping a copy of my time cards...just in case. I just found out that the other branch of the same school does not have a clock to punch in and out on...but they are still using the same method of writing in their hours on their own. (The other school also has staff that are salaried as I am as well as hourly staff...the exact same situation.) Is this a case of discrimination against our branch of school ?...the salaried teachers in particular? The employer has also docked my pay when I was one -half hour late, after using up my three days paid leave..I really don't think this is legal. I am always there on time..I left the keys in the house by mistake and my husband had to come open the house up to retrieve my keys...I think she can only dock my pay if I am a whole day absent after using all my paid leave...Am I correct? Thank you for your help..I have a labor lawyer's no..If there is any warrant for calling her..I feel my employer will retaliate if I were to say something...don't want to go there..without just cause.

  • #2
    Salaried is only a pay method. What matters is whether you are exempt or non-exempt.

    However, BOTH exempt and non-exempt employees can be required to use a time clock. Despite what many people fondly believe to be true, being required to use a time clock or otherwise clock or swipe in and out does NOT violate the exemption.

    Whether you are considered exempt or non-exempt is dependent on your primary job duties. However, for BOTH exempt and non-exempt employees, it is both legal and common for partial day absences or excessive tardies to have your leave time applied to it.

    If you are exempt, she is permitted to dock your vacation, sick, personal or any other paid leave time as long as it exists. She cannot dock the DOLLARS so that you receive less than your regular salary except in very limited circumstances. (However, if those circumstances exist, she can do so regardless of whether you have used up your vacation etc. or not.) However, she can continue to use up all your paid leave until it is gone for any such absences.

    If I am reading your post correctly, she may be petty, but she has not violated any laws.
    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.


    • #3
      If you are a teacher, you qualify as exempt which means that you do not ever have to be paid OT, no matter how many hours you put in. You can be required to attend after hours functions unless your contract states otherwise. It would be very unusual for this to be the case.

      It may be unfaor that you have to use the time clock and other branches do not but it is perfectly legal to have different methods of tracking time for different locations.
      I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


      • #4
        Thank you very much for your time. I honestly do not know if I am exempt or not..I have never been given that information. I will seek that in the future. You've put my mind at ease adn I greatly appreciate it. Thank you again..


        • #5
          In reference to being exemt, my employer took a small amout of my regular salary from my paycheck for the one half hour I was late..I assume it was "figured " what I made and calculated what it would be for an hour and then cut it in half for the half hour I was late. If I am "evempt" as you say, I understand this is not within the employer's rights...because it's a partial day..My employer did not take it from my vacation pay. I am not sure I was clear enough before...if you would please clear that up for me...thank you very much.


          • #6
            If they are docking you for partial day absences, then they are treating you as a nonexempt employee, generally speaking, unless the absence is FMLA-related (that's one of the few exceptions to the "salary basis" requirement for exempt employees under the FLSA).

            Have you asked the payroll person or HR representative about this docking of your salary? What did he/she say? "Mistakes" that are corrected in a timely manner do not invalidate the exemption.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.