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  • General Salary Question

    What I understand and I can be WAY wrong
    Salary was supposed to be paid to do a job. You bust hump and finish go home. Come in late ok fine you complete the job done.
    Now I see it as your job is to be here from x time to x time don't leave early. BUT you must stay late. (my wife was once told you will have to work 70 hours a week)
    Is this just the loop hole businesses found to work employees more without paying.
    I have even seen salary employees get docked PTO for leaving early. You don't get more PTO for staying late so how can the rules apply in one direction which benefits the company.

    My company is great with this but I fear the next company.

  • #2
    A few basic points;

    "Salaried" is just a pay method and has no legal standing of its own. What matters is exempt or non-exempt. If you are exempt, then you are never, under any circumstances whatsoever, due a single penny over your regular salary regardless of how many, or how few, hours you work. Your regular schedule is 40 hours and you worked 52? You don't get any extra compensation. You only worked 24? You still get your full salary.

    However, the government only cares about the number of hours you get paid for; not what "bucket" the funds come from. The Feds have gone on record as saying that any form of paid time off is a matter between the employer and the employee and has nothing to do with them. While a state *could* make a law limiting the docking of PTO for leaving early, so far no state has done so. And truly? That's what PTO is there for. It's not ONLY to provide you with paid vacation days - it's there to make you whole when you are not at work, whether that is a full day or a partial day.

    If you are non-exempt, then if you work over 40 hours in a week (in some states, but GA is not one of them, over 8 hours in a day) you have to paid OT at time and a half. However, if you are non-exempt, then with very few exceptions that are state specific and mostly have to do with voting or jury duty*, you have no legal expectation of being paid when you do not work. Even if you have PTO on the books.

    *A few states have begun implementing laws regarding paid time off in certain situations requiring your own illness or that of specified family members. There is as yet no state which requires paid time off for vacation purposes.

    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.

    Comment


    • #3
      Originally posted by cbg View Post
      A few basic points;

      "Salaried" is just a pay method and has no legal standing of its own. What matters is exempt or non-exempt. If you are exempt, then you are never, under any circumstances whatsoever, due a single penny over your regular salary regardless of how many, or how few, hours you work. Your regular schedule is 40 hours and you worked 52? You don't get any extra compensation. You only worked 24? You still get your full salary.

      However, the government only cares about the number of hours you get paid for; not what "bucket" the funds come from. The Feds have gone on record as saying that any form of paid time off is a matter between the employer and the employee and has nothing to do with them. While a state *could* make a law limiting the docking of PTO for leaving early, so far no state has done so. And truly? That's what PTO is there for. It's not ONLY to provide you with paid vacation days - it's there to make you whole when you are not at work, whether that is a full day or a partial day.

      If you are non-exempt, then if you work over 40 hours in a week (in some states, but GA is not one of them, over 8 hours in a day) you have to paid OT at time and a half. However, if you are non-exempt, then with very few exceptions that are state specific and mostly have to do with voting or jury duty*, you have no legal expectation of being paid when you do not work. Even if you have PTO on the books.

      *A few states have begun implementing laws regarding paid time off in certain situations requiring your own illness or that of specified family members. There is as yet no state which requires paid time off for vacation purposes.
      Yes I understand exempt and non exempt. I do get them confused.

      I guess PTO is looked as a something between the company and employer as like a benefit. Also even if there was no PTO left and you took off they could not dock you money?
      So that's why there is no laws on anything like this?

      Comment


      • #4
        Yes, PTO is considered a benefit. It is NOT a protected benefit at the Federal level, and how protected it is at the state level is state specific. Your state has few if any protections.

        There are six situations in which an employer may dock an exempt employee's pay under Federal law:

        1.) It is either the first or the last week of employment and the employee did not work the entire week
        2.) The time is attributable to FMLA (some state specific exceptions exist on this one but not in Georgia)
        3.) When there is a bona fide sick time policy with a reasonable number of paid sick days, the employee calls in sick when he either has used all the days he is entitled to, or is not yet eligible for any
        4.) The employee voluntarily takes time off for personal reasons (this can include vacation and in some cases holidays)
        5.) The employee is suspended for a major safety violation
        6.) The employee is suspended for the violation of a written company policy which relates to workplace conduct (sexual harassment, violence in the workplace, drugs/alcohol on duty, etc.) and which applies to all employees.

        In the cases of 1 and 2, the docking can be in full or partial days. In the cases of 3-6, the docking can be in full days only; if the employee works any part of a day, they must be paid for the full day. However, it is important to note that if the docked pay is replaced by vacation, sick, personal or other paid time so that the paycheck is for the same number of dollars as if the employee had worked all that time, the law is satisfied. But note number 4: if you just took off, if it was in the middle of the day and you left, if you were exempt they'd have to pay you for the rest of the day, even if you had no PTO left. But if you did not show up again the next morning, they would not have to pay you.

        Let me reiterate, these exceptions apply to EXEMPT employees only. In the case of a non-exempt employee, the employee has no legal expectation of being paid when he does not work. f you were non-exempt and you just took off, they would not need to pay you even if you had PTO available. Again, some state exceptions apply in the cases of medical leave, and also for voting and jury duty. For example, my state has recently implemented a requirement of paid medical leave that is applicable even after FMLA expires - it is not unlimited, but it is more generous than the Federal FMLA, which is unpaid. My state also gives limited paid time off for voting and for jury duty. Your state does none of these things.

        There is no law on these things because your state legislature has chosen not to pass any laws about them.
        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.

        Comment

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