Announcement

Collapse
No announcement yet.

salaried + exempt, can I be forced to work OT? Washington

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

  • salaried + exempt, can I be forced to work OT? Washington

    I have read Washington State law on being salaried, and I most definitely am exempt because I am a computer nerd.

    My paycheck specifically lists my hourly rate and hours in the format: [email protected]$x.xx/hr.

    When I started working, I was told I would be salaried at a certain rate, but I was never told how many hours--which I assume means 40. I usually put in about 60 hours per week.

    After being with this company for several years, I finally asked for vacation time which I stupidly never asked about when I was hired. I was told I get 1 day per year I have been employed--and they are unwilling to budge.

    I understand that this is all legit--both under my willingness to be employed, and Washington State law.

    I would love to spend more time with my family, and since I get very little vacation, I want to clock out when I hit 40 hours.

    In my job there are occasional after-hours emergencies. Can I be required to work more than 40 hours? After 40 hours, am I allowed to clock out?

    In some rare cases, I have worked for 36+ hours straight on a Monday and Tuesday. Am I allowed to work for 4 hours on Wednesday, and then take the week off?

    I have never been given a job description, and nothing has ever been agreed upon--I was simply told I was hired and I started getting a check.

    It seems very strange that Washington State would say you can salary a computer geek (even at minimum wage if you wanted) and work them as much as you want with no overtime or comp-time.

  • #2
    You must work the # of hours your employer requires/needs you to. If you are salaried exempt, you get no additional compensation over your regular weekly salary no matter how many hours you work.
    Last edited by Betty3; 06-18-2009, 12:49 AM.
    Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

    Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

    Comment


    • #3
      You cannot exempt "salary" a computer geek for minimum wage equivalent. Exempt salaried employees must be paid a minimum of $455/wk under federal law (some states are higher).

      The fact that your pay stub shows $40/wk does not make you an hourly exempt employee under the Computer Professional classification. Most payroll systems require an hourly rate, even for employees on a fixed salary (exempt or nonexempt, doesn't matter).

      One day per YEAR? Are you kidding me?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        When it comes to what hours you work, it doesn't matter whether you are exempt or non-exempt. You work the hours your employer tells you to work, no matter how many or how few. There are NO circumstances under which the law gives you permission to walk out the door after 40 hours with no repercussions.

        Exempt and non-exempt status matter when it comes to determining the PAY for the hours you work. But your exempt/non-exempt status mean nothing when it comes to your work schedule itself. Being exempt does NOT mean that you can only be required to work 40 hours and it does NOT mean that you can come and go as you please.
        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.

        Comment


        • #5
          Thank you all for the answers.

          So what I'm hearing is that I am exempt, salaried employee which means I get paid a flat amount no matter how much they require me to work. If they want to work me 112 hours per week, I just have to suck it up.

          On the flip-side, it appears according to Washington State law that they can dock my pay if I want to take a day off and I've used up my 2 days of vacation this year. Alternatively they can fire me if I am out of vacation days and want to take a day off.

          Ouch.

          So it seems like my options are "put up with it" or "update my resume".

          The next time I'll make sure I have everything in writing and that it is acceptable before I start.

          Thanks again for all your responses.

          Comment


          • #6
            It also means that if you work fewer hours for some reason, such as a holiday, a company closing, a sick day (as opposed to a vacation day) or any other reason that does not involve your voluntarily taking a day off for personal reasons, you still get paid your full salary.
            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.

            Comment


            • #7
              Originally posted by cbg View Post
              It also means that if you work fewer hours for some reason, such as a holiday, a company closing, a sick day (as opposed to a vacation day) or any other reason that does not involve your voluntarily taking a day off for personal reasons, you still get paid your full salary.
              That's interesting cbg. When I initially asked about vacation days, my boss told me that the 'big boss' (weird command structure in an 8-person company) initially said that I would get my vacation days but that I would no longer get paid for company holidays. Thankfully my boss intervened and got me a few vacations days in addition to keeping my 6 paid holidays (New Years, Labor Day, Memorial Day, 4th of July, Thanksgiving, Christmas).

              Comment


              • #8
                An exempt employee CAN be docked (in full day increments only) for days that he VOLUNTARILY takes off. He CANNOT be docked for days that he would normally be working but that the employer decides he will not work. Holidays are days that the employer opts for you not to work; therefore you must be paid for them. CAVEAT: if you do no work in the entire work week you do not need to be paid, regardless of who decides that you will 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.

                Comment

                Working...
                X