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Thread: Salaried, non-exempt flex time

  1. #1
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    Thumbs down Salaried, non-exempt flex time

    I worked from home for 2 days in December that was approved by my superiors, actually they asked me to do it. Mind you, I was at home sick for those days. Since I was working, I didn't think that I needed to take those days as vacation. Today, my superiors let me know that they will not honor those days as work days and I must take vacation time for those dates. I thought this sounded a little odd, but wanted to get a second opinion.
    Last edited by El8ted126; 01-21-2010 at 09:49 PM.

  2. #2
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    Although it is, IMHO, tacky to do that, there is no law prohibiting the employer from charging vacation when you are not in the office. I know that sounds strange, but all the law cares about is, for nonexempt employees, that you be paid for all time worked. If that comes out of the "vacation" or "sick" bucket, the law does not address it.

    Just for curiosity's sake, though, what is the company's logic for making this decision, do you know?
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  3. #3
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    While I mostly agree with the other answer, I am going to suggest that there is a chance that the state matters. For example, Bob is non-exempt and lives/works in CA. Last week Bob works 25 hours and is paid for 40 hours. Under CA law, vacation/PTO is legally vested, and in the example as specified, Bob could have his vacation/PTO reduced by at most 15 hours under CA law.

    Not all states care about such things, and among those states that do care, many do not care exactly the same way.
    "Reality is that which, when you stop believing in it, doesn't go away".
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  4. #4
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    You're right, DAW, and I don't know how I forgot that.
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  5. #5
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    Which is why we ask for the state when you post your question (hint, hint).

  6. #6
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    And lastly, it is not just that state law is different, but at times it seems to be almost randomly different. Like maybe the state legislature wrote the law while attending a really good party. It is very difficult to guess on state law requirements without knowing the actual state(s).

    Federal law is fairly easy, because it is mostly the same law everwhere. It is a lot easier to get a good federal law answer then it is to get a good state law answer.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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