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changing the rules/no employee manual Rhode Island

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  • changing the rules/no employee manual Rhode Island

    anonymity issues
    Last edited by feeling-abused; 05-28-2009, 12:46 PM. Reason: deleted

  • #2
    Exempt or non-exempt, it is completely legal for an employer to require that you apply vacation time to any absences, of either full day or partial day duration, with or without your permission. There does not have to be a written policy for this to be true.
    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
      anonymity issues
      Last edited by feeling-abused; 05-28-2009, 12:46 PM. Reason: deleted

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      • #4
        Not exactly true. However, this just isn't one of the issues that the legislature in Rhode Island has chosen to address (no other state, either).
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          anonymity issues
          Last edited by feeling-abused; 05-28-2009, 12:46 PM. Reason: deleted

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          • #6
            SHOULD there be an employee handbook and written policies? Absolutely. They just aren't required by law and you'd be surprised how many small companies don't have them.

            "Salaried" is merely a pay method. The issue is whether you are exempt or nonexempt. I see that you are a manager. Do you manage at least 2 full-time-equivalent employees?

            The employer must keep accurate records of hours worked for nonexempt employees under the FLSA. I know of no state, including yours, that requires such recordkeeping for exempt employees.

            It's never a bad idea to keep your own records of hours worked, but I would not punch a time card unless your employer asks/requires you to. You can keep a paper notebook or spreadsheet at home; don't use your employer's equipment or time to do this. If, then, it turns out that you are being treated as an exempt employee when you don't meet the criteria, you will have your records to back up a wage claim.
            Last edited by Pattymd; 05-17-2009, 09:07 AM.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              anonymity issues
              Last edited by feeling-abused; 05-28-2009, 12:47 PM. Reason: deleted

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              • #8
                In actual fact, no state requires any employee to punch a time card. Federal law requires that an employer keep accurate records of the hours worked by each non-exempt employee, but does not specify how those records must be kept. I have heard rumors that one or two states have started requiring that records of exempt employees be kept as well, but that doesn't mean that time cards are required if the employer has another, accurate, method for keeping the required records.
                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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                • #9
                  OK, so you wouldn't qualify as exempt under the Executive exemption. Maybe (although it may be a stretch) you could qualify under the Administrative exemption. Salaried "Exempt" status means, among other things, that you must be paid at least $455/week (federal, some states are higher), not eligible for overtime, but very limited restrictions on docking of pay.
                  http://www.dol.gov/esa/whd/regs/comp...nistrative.pdf
                  http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.603.htm

                  Interesting. I just found this and I sit corrected. Do with it what you will.
                  What types of records of hours must be kept and who is exempt?

                  An employer must keep an accurate daily and weekly (time in and out) record for all employees. No one, including employees paid on a salary basis, is exempt from this law. These records, along with payroll records, must be kept for at least three years.
                  http://www.dlt.ri.gov/ls/faqs.htm#Wh...20is%20exempt?
                  Last edited by Pattymd; 05-17-2009, 12:57 PM.
                  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
                    However, as I already indicated, what the law requires is that the employer keep records of the time worked; it does NOT require that time clocks or time cards be used. I will grant, right up front, that time clocks are probably the most accurate way of keeping those records, but it is not the only way to do it.

                    And if it's not being done? The employer is the one in trouble, not the employee.
                    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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                    • #11
                      anonymity issues
                      Last edited by feeling-abused; 05-28-2009, 12:47 PM. Reason: deleted

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                      • #12
                        anonymity issues
                        Last edited by feeling-abused; 05-28-2009, 12:47 PM. Reason: deleted

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                        • #13
                          Maybe there's a spy.
                          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                          • #14
                            Maybe your employer has tagged all of you folks with RF chips. There are ranches that use those to keep track of where their cattle are.
                            "Reality is that which, when you stop believing in it, doesn't go away".
                            Philip K. **** (1928-1982)

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                            • #15
                              Not your problem. If the state of RI comes looking for the records, and they can't produce them, they're the ones who get fined, not you.
                              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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