Announcement

Collapse
No announcement yet.

Exempt Salary in Texas questions

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Exempt Salary in Texas questions

    I work for a small company in TX. I am exempt salaried. Last year I had used all of my PTO time and then got sick and was off work for 3 weeks.
    Of course I was not paid for the time off. But was required to "pay back" the time that I would have acrude had I been at work. This amount was taken out of my last pay check of the year. With no explaination of how this was calculated. When I had returned to work after being ill I was presented with a typed up sheet of what I would owe at that time. Is this legal to do so?

    Also, from what I have read here, my understanding is that if I work a partial day and I am out of PTO time I am to be paid for the full day. Is this correct?

  • #2
    Partial day, yes, you must be paid. However, you can also be required to make up the missed time or the employer can let you "borrow" against the next year's entitlement.

    I'm a little confused about what happened on the paycheck, though. Can you provide more detail?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      They told me they would not deduct the time missed out of my next years PTO. I typicaly work over 40 hours per week.

      I earn 4.62 hours of PTO each pay period (we get paid every 2 weeks)
      So the time that I was out after using my PTO time I was not accruing those 4.62 hours per pay period. So those hours he dedcuted from my pay at the end of the year.

      Comment


      • #4
        Originally posted by pony View Post
        So those hours he deducted from my pay at the end of the year.
        Probably not legal. The problem is you keep mentioning PTO, which literally does not exist under federal law (FLSA). Federal rules do not care even a little bit about PTO. The rules look strictly at the actual salary paid to the employee. You can be docked for entire days voluntarily not worked or entire workweeks involuntarily not worked. You cannot be docked for partial days not worked and entire days involuntarily not worked. Your repeated mentioning of PTO (which literally means nothing under federal rules) just makes it difficult to tell exactly what is happening.

        I will give you a pointer to the actual rules. Look at exactly when your salary was docked and why. Ignore PTO (the government will). See if you have an actual labor law violation based on your salary actually being illegally docked.

        http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          I have read this but was still unsure. But it looks like that being docked for not meeting my accrual time is not legal.

          2 of the other owners paid me cash for what was deducted (without the other owner/accountant) knowing. this is how they fix these issues.
          But it just doesn't seem right.

          We have another employee that is exempt salary and works many hours per week. Sometimes nights and weekends. But if he is not in the office between the hours of 8am and 5pm his pay is being docked.

          Comment


          • #6
            Originally posted by pony View Post
            2 of the other owners paid me cash for what was deducted (without the other owner/accountant) knowing. this is how they fix these issues.
            But it just doesn't seem right.
            That part isn't not just "not right", it's a violation of tax law.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              Originally posted by Pattymd View Post
              That part isn't not just "not right", it's a violation of tax law.
              Is this something I could get in trouble for? Or just the owners?

              Comment


              • #8
                YOU can't, as long as you report the income anyway.

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

                Comment


                • #9
                  If I want to report this company, what would be the first step and where would I go?

                  Comment


                  • #10
                    http://www.irs.gov/compliance/articl...180171,00.html
                    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                    Comment


                    • #11
                      Thank you for your help.
                      Let me see if I understand correctly. For the under the table money I go to the IRS and for not being paid for partial days it would be the labor board?

                      Comment


                      • #12
                        That's correct. The Labor Board in Texas is called the Texas Workforce Commission.
                        http://www.twc.state.tx.us/ui/lablaw/ll1.pdf
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                        Comment

                        Working...
                        X