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  • salaried employee question : NY

    since high level professional with grad education with eight years work experience all of them exempt but current new employer seems to deduct time from paycheck at 15 min intervals if late for work by 15 mins from scheduled 8.30 a.m start but does not pay for overtime if sometimes project requires work till midnight ( because of midnight deadline date ) yet deducts time from pay if late to work by 15 mins the very next day. how can an employer have the cake and eat it too!!! unheard of in past eight years and four previous employers. pay-roll does not seem to listen and private owner does not seem to listen??? recently bought by larger public company??? what is the exact laws regarding work hrs and deduction from pay based on working late and coming to work next morning???

  • #2
    Assuming that you are correctly classified as exempt:

    An employer does not get to have it both ways. Either you are exempt and your PAY does not get docked (except in very limited circumstances) but you don't get overtime; or you are non-exempt and he can dock you for being late but he has to pay overtime. He doesn't get to have the best of both worlds.

    HOWEVER.

    It is perfectly legal for him to dock your vacation time when you are late, as long as your paycheck remains whole, even if you don't get overtime. So if your PAY is not being docked but your VACATION time is, that's legal.

    If your actual paycheck is being shorted, complain to the state DOL.
    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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    • #3
      my thoughts

      Your however needs some clarification.

      "HOWEVER.

      It is perfectly legal for him to dock your vacation time when you are late, as long as your paycheck remains whole, even if you don't get overtime. So if your PAY is not being docked but your VACATION time is, that's legal."


      I am a salaried employee working 45 to 50 hours a week. I need to use vacation time for doctors appointments and emergencies. I have about 45 days until I am elegiable for more time. They claim they will steal time from next year so I can get a full pay check and have requested I sign a waiver allowing this. I refused and they claim if I take time off I will be dismissed. My question(s) is simple can they take time from next years allotment of time and how can they mandate 45 to 50 hours a week and not compansate one for simple scheduled appointment. I have called in sick 3 times in 2 years and Have left early or came in lake no more then 10 times over those 2 years due to appointments. I guess I see the allotment of deduction of time of 15 minutes when you still worked 8.75 hours that day or over 40 hours for the week a case of having it both ways.

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      • #4
        You are not the only one who sees it that way - I've heard it plenty of times. But the problem is that the DOL does not see it that way, and they're the only one whose opinion counts.
        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
          loyalty

          Well since my employer can dock my vacation time into the future, I say do it! I am going on vacation for my allotted time immediacy (when I receive it.) I have always believed that that those who voice a vote can be persuaded but those who act a vote are often unwavering. I will vote with my feet when I receive my last warning for tardiness or absenteeism. I will give my notice!

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          • #6
            Unemployed

            I have been dismissed for taking time off with out pay a total of 3 1/4 hour increments and refusing to sign a waiver for them to dock my pay for the time missed. I have contacted a layer and will be filing a grievance and request for compensation. They have tried to block my unemployment but that failed when they could not show significant grounds for dismissal. They did not file the warning process properly.

            I have contacted the department of labor and have a hearing in 4 weeks. My attorney likes my chances.

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            • #7
              I'm not sure you really needed a lawyer for this, unless you worked in a state whose laws were not enforced by the Dept. of Labor (and, of course, most attorneys wouldn't tell you that).

              Good luck.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                new twist

                My company has a habit of re-drawing the rules.

                I have no problem with the fact that they can use my vaction time for time missed as long as my pay amount does not drop. But know they are requireing me to sigh a waiver document when they dock my pay. Saying it it legal and authorized by the state as a control for saleried employees taking off time (is it?). I know that they will become liable for the past time I was docked when I file a complaint so if I sign the waiver does that mean they are now exempt from being penalized fro breaking the law?

                Now that summer is upon us their new thing is to have a golf outing on fridays. Unfortunatly those of us that do not golf must stay and work and if we would like to leave early we must use vacation time. Is this also legal? To allow some employees the benifit of an afternoon off becuase they share the same interest as the boss.

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                • #9
                  Such a "waiver" would be in contravention of the law and therefore, not enforceable. So, sign it if they're requiring it, because it won't stand up with the state or federal DOL.

                  Regarding the golf afternoon, yes they may. It's still true that a lot of "business" gets done on the golf course; maybe you should learn.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Originally posted by Pattymd
                    Such a "waiver" would be in contravention of the law and therefore, not enforceable. So, sign it if they're requiring it, because it won't stand up with the state or federal DOL.

                    Regarding the golf afternoon, yes they may. It's still true that a lot of "business" gets done on the golf course; maybe you should learn.

                    My employer recently changed the rules regarding ovetime by making employees that were previously paid for hours worked at straight time converted the employees to exempt. Staff are working an average of 20 hours every week without fail and are not paid. I do not understand how anemployer can arbitrarily change the rules in the middle of the game.

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                    • #11
                      Again, if the employee's job duties qualify them as exempt, the employer can make that change at their discretion. If truly exempt, but previously being treated/paid as a nonexempt employee, the employer can make that change without regard to prior precedent or policy.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        Please define exempt. These employees do not hire and can only reccomend termination or discipline. This company has a personnel department who is responsible to screen prospective field staff and make hire decisions. The staff was paid prior to this change at the hourly rate not at time and a half. Managers are aware that all of these employees are going to be working an additional 20 hours per week. It is required to get the job done. The staff are afraid to complain but have expressed filing a class action suit for back wages.The average worker is paid less than $30,000.00. The majority are minority heads of household and existed on the additional money albeit "straight pay". iIf a lawsuit was filed I believe a jury would be quite sympatico. This certainly looks like a case where the rich get richer at the expense of the poor working minority.

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                        • #13
                          They don't have to hire to be exempt. And "executive" is not the only classification of exempt employees.
                          http://www.dol.gov/esa/regs/complian...a_overview.htm
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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