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  • KGOFFNEY
    started a topic Exempt with no increase

    Exempt with no increase

    I accepted a position as a registration supervisor in a hospital emergency room as a non-exempt employee. About 3 or 4 months later I was handed a pager and held accountable for answering after hours calls from my department that has a 24 hour staff. When I complained about having to use my own personal cell phone to return calls to the hospital I was told to buy a bigger minute plan for my cell phone to avoid overage charges. When I realized that the hospital's on-call policy called for non-exempt employees who are on-call to be paid $2 an hour when away from the facility I asked to be paid on-call pay. I was told that even though I was non-exempt the on-call policy did not apply to me because I am a supervisor. I have even been written up once because I did not return a call to my staff in a timely manner on the weekend. So after a couple of years of being told "no" to on-call pay I finally went above my supervisor and addressed the on-call policy with the director of HR. She too told me that the on-call policy did not apply to me because I am a supervisor and being on-call just "goes with the job". I explained that if I was an exempt employee this would be understandable but I am a non-exempt employee. Well, about two weeks later they made me an exempt employee with no increase in salary. From the beginning I was told to just clock in the mornings and the computer automatically clocks me out 8 hours later. So my supervisor has no way of knowing all of the times that I am here over those 8 hours,late in the evenings, (not being compensated). Last Friday I was ill and asked if I could leave a couple hours early to which she agreed but now says that when I leave early I should clock out. When asked if I should clock out when I am here late (which is most often the case) she replied "no". So now she has added sick time to that day I left early even though I had already worked more than 40 hours hours that week.

    So the issues are:
    1) not receiving on-call pay as a non-exempt employee even though the hospital policy clearly states I should have been and makes no exclusions for supervisor's
    2) being made exempt with no increase in pay
    3) being required to clock out when leaving early but not when leaving late 4) deducting me for working a partial day that was approved by her and requiring me to use my accrued sick and vacation time to cover it.

    Are any of these things legal in Texas?

    Sorry this was so lengthy.

  • LConnell
    replied
    Texas Exempt Employee

    The answers to your questions:

    1) not receiving on-call pay as a non-exempt employee: On-call pay is not required by federal or state law
    2) being made exempt with no increase in pay: this is legal as long as you are making the minimum salary amount for an exempt employee
    3) being required to clock out when leaving early but not when leaving late: This is legal as long as your pay is not lowered.
    4) deducting me for working a partial day that was approved by her and requiring me to use my accrued sick and vacation time to cover it: This is legal as long as your pay is not lowered.

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