Exempt Employees in OT

[kluber1]

I am an exempt employee, and put in significant OT for my company (we average about 52 hrs week).

I ran short of PTO a couple of years ago, and was required to take 6 hours of leave without pay during a week (I actually worked more than 20 hours).

I didn't think that was legal, but not significant enough to make an issue. Now I have other issues, what is the statute of limitations on this?

Also, I feel that I have been subject to Age Discrimination - and have been given a larger volume of work to complete than other younger workers in an effort to get me to quit.

Even if I am exempt, if I have been required to work approximately 10 hours more every week than other workers with the same title, would I be eligibe to receive compensation for this time?

Thank you!

[Pattymd]

Age discrimination is not my area of expertise, so I'm not going to address that issue here. Pay is, however, and as an exempt employee, the employer has no legal obligation to pay you any additional compensation over and above your salary no matter how many hours you put in.

Relative to having your salary docked for a partial day absence, that is not legal unless the absence was due to your taking intermittent FMLA leave.
If you want to pursue that 6 hours, you can file a claim for unpaid wages with the state Dept. of Labor, assuming the statute of limitations has not expired. And if it has, you may be out of luck with filing under federal law, as the statute of limitations there is only two years from the date of the last violation and three years only if the violation is deemed "willful".

[kluber1]

I just wanted to clarify that my salary was docked for the 6 hours and my paycheck that period was lower than the normal pay.

After reading your message below, I understand that this is illegal. Do you know what the statute of limitations is and how do I go about getting these funds legally?

Thank you!

Originally Posted by Pattymd

Age discrimination is not my area of expertise, so I'm not going to address that issue here. Pay is, however, and as an exempt employee, the employer has no legal obligation to pay you any additional compensation over and above your salary no matter how many hours you put in.

Relative to having your salary docked for a partial day absence, that is not legal unless the absence was due to your taking intermittent FMLA leave.
If you want to pursue that 6 hours, you can file a claim for unpaid wages with the state Dept. of Labor, assuming the statute of limitations has not expired. And if it has, you may be out of luck with filing under federal law, as the statute of limitations there is only two years from the date of the last violation and three years only if the violation is deemed "willful".