Colorado Exempt Question

[claret_rose]

My employer has always required me to turn in a timesheet of the actual hours worked even, though I am exempt and they do not use this information for any other reason but to track hours worked. If I did not have 35 hours in a week (what I am salaried for), they required me to take however many hours that I was missing that week in PTO (paid time off). They allowed for comp time, so if I worked 12 hours one day in the week, they allowed me to take 5 hours off another day that same week. Not a problem.

They are now telling me that my workweek is 7 hours a day from 8 am to 5 pm Monday through Friday (different than the work week that is stated in the policy and procedure manual) and if I do not put in 7 hours in a day between 8 am and 5 pm I must take PTO. This is even if I work 15 hours that day. They are telling me that this is because I need to supervise employees, which there are only 4 this year and there were up to 8 in previous years when this policy wasn't in place.

If my work is a work related meeting before 7 am, after 5 pm, or a Saturday they will count that as time worked. But if I work more than 7 hours on Saturday I can only comp 7 hours. For example, one time last week I had to take 15 minutes of PTO because I didn't put in 7 hours between 8 am and 5 pm (I took a long lunch because of a medical appointment). There is no comp time for any hours worked other than Saturday.

The last pay period, I worked 75.25 hours and was required to take 9.25 hours of PTO for a total of 85 hours which is 9.75 hours more than I am salaried for.

This new policy for exempt salaried employees has all of the benefits (for the place I work for) of being an hourly employee without the perks of being able to adjust my schedule as hourly employees are allowed to do.

Comments???

[Pattymd]

The employer has the legal right to set whatever hours and terms deemed necessary to support the business. As an exempt employee, you are expected to work whatever hours are necessary. Since PTO is not a benefit required by law, the employer also has the right to control how and when it must be used. Legally, as an exempt employee, you must be paid your full weekly salary for any week in which you perform any work, with some exceptions which do not appear to apply here. As long as you do, the federal nor state Dept. of Labor care that your PTO has been docked.

And, no employee has the legal right to adjust his schedule. That "right" is granted to you by the employer and may be taken away at any time. Likewise with the employee handbook. It is very rare for a employee handbook to rise to the level of a valid, enforceable contract. Which means the employer can change the policies contained (or not contained) therein at their desire.

Sorry, but I just don't see any legal violations here. Sounds like maybe you need to find a position with a company whose required work hours you would like better.