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  • Question about salaried employee

    One of the employees in our company is a driver who hauls rock, gravel, etc, and is on salary.

    Last week he had to be off two days for Jury Duty and yesterday he missed half a day for a funeral. My employer offers no paid time off at all (no vacation/sick/personal time) and needs to know whether this employee has to be paid for this time off.

    My questions......

    1) I'm not sure he's considered exempt or unexempt and need some clarity on that. His work is all physical, he does not over see other employees, etc.
    2) Should he be paid for Jury Duty and his time off for the funeral?

    Thanks!!

  • #2
    I don't see any way that he could be considered exempt.

    However, even exempt employees don't have to be paid for full days taken off for personal reasons (funeral). They would have to pay for the two jury duty days (although they may legally offset any fees paid by the court against that pay) if he were exempt.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Patty's answer reflects what happens if he is exempt.

      If he is non-exempt, then he need not be paid for any of the time. A non-exempt employee, with limited exceptions that do not apply here, does not ever have to be paid for time he does not work.
      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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      • #4
        And driving a rock/gravel truck really does not sound Exempt. Salaried is not a big deal, that is just a payment method, but the employee almost certainly is Non-Exempt, must be paid at least minimum wage and overtime for each workweek.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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