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Salary Employee but being treated as hourly Virginia

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  • Salary Employee but being treated as hourly Virginia

    I wanted to get some feedback if I am looking at this wrong. I am a salary employee but I am required to punch a time clock which really isn't the issue. When I go to doctor's appointments I am forced to enter time from my vacation or sick time even if for the week I am on target to meet or exceed the normal 40 hours. Do I have something here that needs to be address or am I looking at this all the wrong way?

  • #2
    You are looking at this the wrong way.

    First, salaried is only a pay method and has no legal status of its own. What matters is exempt and non-exempt. Not all exempt positions are salaried; not all salaried positions are exempt.

    However, even if you are salaried exempt, this is still a non-issue. Employers MUST keep track of non-exempt hours - they MAY keep track of exempt hours. If you are salaried non-exempt they would be in violation of the law if they did not track your hours; if you are are exempt it is still permitted. There are many legal and valid reasons why an employer may require an exempt employee to track their hours.

    There is nothing even remotely illegal about either an exempt or a non-exempt employee being required to use vacation and/or sick time to cover partial day absences. The ONLY time this would be an issue would be if you were salaried exempt AND you were completely out of paid leave AND you took a partial day absence - in that case the employer would still be required to pay you for the time. That would not be the case if you are salaried non-exempt.
    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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    • #3
      If you are salaried exempt, there is no "normal 40 hours". You get the same salary/pay no matter how many hours you work in the workweek.
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