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  • Salary Work Less Than 40 Hours

    I Am A Salaried Employee In Ma. I Do Have To Punch A Time Clock. The Clock Automatically Punches Me In For 8 Hours, I Do Not Have To Clock For Lunch Breaks Or Punch Out To Leave For The Day.
    My Question Is If I Work Longer One Day, There Is No Way Of The Company Knowing This. So If I Have To Leave Early Another Day, I Am Often Required To Use "personal Time", Even Though I May Have Worked More Than Enough Hours In The Week, Often Working Thru Lunch Nad Working Upto 2 Hour At Home A Week.
    If This Legal For Them To Insist I Take Vacation Time Or Sick Time If I Punch In For The Day, Work 3 Hours And Then Go Home On An Emergency? Even If I Clearly Work Enough Hours Through Out The Week?

  • #2
    Yes, it is. Please do not capitalize each word, it makes your posts very difficult to read.

    With exempt, they can make you use PTO/Sick/Vacation time when you work a partial day, however, if you run out of time, they can't dock you (unless you are on intermittant FML).
    -----------------------------------------
    98% of the population is asleep. The other 2% are staring around in complete amazement, abject terror, or both.

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    • #3
      But, if you're not exempt, then they probably can't do that. The question of exemption is not whether or not you're paid a salary, its what you actually do. If you give us a job description and tell us what you actually do, then we can help you make the analysis.

      Phil
      This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

      This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

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      • #4
        If there's anything in either Federal or Massachusetts law prohibiting an employer from requiring the use of PTO time for a partial day either exempt or non-exempt employees, this is the first I've heard of it.
        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
          exempt senior asst. manager

          my title is exempt senior asst. manager.

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          • #6
            I meant to say last week, if you ARE exempt, then they probably can't do that. The reason is that they jeopardize the exemption.

            To be an an exempt employee, you must be paid on a "salary basis". Section 541.602(b) details the limited exceptions to the general "salary basis" rule. Deductions may be made "when an exempt employee is absent from work for one or more full days for personal reasons, other than sickness or disability. Thus, if an employee is absent for two full days to handle personal affairs, the employee’s salaried status will not be affected if deductions are made from the salary for two full-day absences. However, if an exempt employee is absent for one and a half days for personal reasons, the employer can deduct only for the one full-day absence." 29 C.F.R. § 541.602(b)(1) (emphasis added). Deductions may also be made with regard to absences "for one or more full days occasioned by sickness or disability (including work-related accidents) if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for loss of salary occasioned by such sickness or disability." See 29 C.F.R. § 541.602(b)(2).

            But, overcoming the exemption is only useful if you regularly work overtime. Do you work a lot of overtime - more than 40 hours per week?

            Phil

            .
            This post is by Philip Gordon, a Massachusetts employment attorney (www.gordonllp.com).

            This post is NOT legal advice. It is for general/educational information purposes only. You should not rely on this post if you are making decisions, and it does not create an attorney-client relationship. This post may be considered "advertising" under the MA professional rules for attorneys.

            Comment


            • #7
              Phil, I don't read it that they aren't paying her the full amount. I read it that the partial day increments are being covered by vacation, sick or personal time.

              That's what I was talking about. That does not jeopardize the exemption unless the law in Massachusetts has changed quite recently.
              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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