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Salary Exempt\Odd Time Card rules Washington

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  • Salary Exempt\Odd Time Card rules Washington

    OK, So I'm listed as Salary Exempt.
    My employer is now requiring us to fill out a time card.
    Our pay period is Sun - Sat
    Our Std shifts are M-F 7am - 4pm
    Being Tech support, We work weekends and lots of late shift for server work etc...

    I've been reprimanded about filling in my time card by putting in my hours worked. I've been told that I can only document hours during my normal shift. If I need to take personal time for Dr. appointment, pickup my kids from school for what ever reason etc..., I must put down as Personal time.

    This personal time is then at the end of the year calculated and you are then peanlized during your yearly review for raises, and performance.

    So last week I worked 48 hours, a couple 9 hour days and a Saturday Shift. I also had to take 1/2 a day on Monday off becuase my water main in my front yard got hit by the irrigation guys putting in a sprinkler system.

    I did not note this 4 hours as I had worked 48 hours. I was reprimanded and told that I can only document 36 hours worked and 4 hours personal time.

    This is an indication to me that they want it their way. This also I would think indicate that I am considered hourly and not salary of any kind. I mean if you can be peanalized for a couple hours missed, weather it be wage or future raises and performance, I would think I would then also be eligible for my actual hours worked. I was forced to delete these aditional 12 hours from my time card and was told I am not allowed to document these.

    I would think that if the employer is going to track your hours, they need to track them all and not just ones of choice to benifit them and not you in anyway.

    Can they use this to peanalize me and can they not allow me to document all my hours?

    Thank You
    Roderunner
    Kent, WA

  • #2
    Are you comfortable that you are properly classified as exempt?

    What happens if you miss 2 hours work for a doctor's appointment, for example, and you don't have any PTO/sick time you can use? Is your salary docked for the 2 hours?

    What exactly are your job duties?

    Filling out a time report doesn't necessarily mean the employer is "treating you" as nonexempt. There are a number of good reasons to know when ALL employees are working, not just the nonexempt ones.

    There's no reason you can't keep your own records of the actual hours you work, and yet complete the time sheet/card according to the employer's instructions. I hate to sound cynical, but it's possible that the employer may not be comfortable that they have classified you as exempt employees and therefore, don't want you recording all your hours in case you (or others similarly situated) file wage claims and win.
    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
      No, Im not convinced that I am truly exempt. I do not make policies or procedures. I do not have any purchasing authority. I fix computer problems. users have problems, I try to fix them. Servers have problems, I try to fix them. I direct no one. All policies are in place from the U.K. office, I just follow them. Something goes really wrong and I can not get ahold of anyone in the UK to help, I then use my best judgement to do my best to resolve the issue. As for documentation, Yes, I do document things, but thing that fall in line with if something happend and I couldn't get to work, someone could then read the documentation to install programs or review troublshooting that has been documented. Things that someone with IT know how could review and continue to support the business with little downtime and learning curve.

      Their reason for me being exempt is that I am "overhead hours". I argued this with them after being required to work 60 - 70 hours a week from August 06 - the end of Dec 06. So I argued this. The Accountant (whom hold the HR roll, with not true training) told me that she spoke to the lawyers on the corperate office (in the U.K.) and the laws in the UK whould have me as a computer support salaried position. I explained to the HR gal that UK laws do not effect me. I work in Washington. After much argument and hers not making any sense execpt not wanting to pay me, it came down to the engineers are also salary exempt (truly) and are required to work 50 hours a week and are being re-imburse with incentive pay by paying them an amount equal to their hourly wage per hour over 40. But refused to pay me. I turned this then into an argument of discrimination, why only pay some exempt employees OT if you think I am truly exempt. So at this time, she finally ageed to pay me my hourly wage at straight time pay which equated to about $6,000. SHe still did not want to thoughbecause she stated that the salary I negotiated was $10,000 more than was budgeted a year. (not my fault) SHe then told me that if I want time and a half, I'll have to sue the company. Needless to say, it was a very very heated conversation that I was probably moments from being fired as she was getting irate with me. I did tell her "Well, you can pay me a little bit more and take me to $100,000 a year and qualify me as a highly compensated employee" she refused and did not apprieciatte my comment.

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      • #4
        Sounds like they are completely clueless as to U.S. Law. If you don't meet the criteria, I recommend you file a claim for unpaid overtime with the state Dept. of Labor and Industries.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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