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Payment due when work not available? South Carolina

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  • Payment due when work not available? South Carolina

    I'm a registered nurse who recently started a new position. I was given a verbal offer of compensation/hr. A week into the job, I was informed I am exempt and salaried. I have yet to be provided a form detailing my compensation and status. I am still in my probationary period, defined by my company as the first six months of employment. I am curious if the following are legal.

    1. My employer states he credits company designated holidays to our PTO, which I will not be able to use until after my probationary period. Until that time, my salary will be reduced for each holiday our work is closed.

    2. I will not be paid for days our work must close (due to physicians not being there) despite being salaried and willing to work (ie. chart audits, cleaning equipment, etc.) I've been told the office commonly closes due to lack of physician coverage and the week between Christmas and New Years. I am able to use PTO to cover this time, however, until the initial six months is up it will mean reduction in pay.

    3. I am required to attend several week long trainings 3 hours away. I have just been told my class and hotel will be paid and I will receive my normal rate of pay. However, I am responsible for travel costs and meals. This is different than the policy in the handbook for business related travel, but is consistant with "advanced education opportunities". Is my employer obligated to follow his own policy? If so, which classification would this fall under?

    Thank you in advance for your assistance. I've never experienced this in another place of employment and don't know what to think.
    Last edited by tinkmagik; 08-26-2007, 10:58 PM.

  • #2
    1/2. If you are properly classified as exempt, you must be paid when you cannot work due to company decision. The problem with this method, in my opinion, is that PTO is not unconditionally vested in SC; therefore, you run the risk of never getting paid for the holiday at all.

    3. The company is not required to follow its own "policy", unless such a policy rises to the level of an enforceable contract, which is very uncommon.

    You very well may be eligible for exempt status under the Professional exemption, depending upon your actual duties.
    http://www.dol.gov/esa/regs/complian...17n_nurses.htm
    Last edited by Pattymd; 08-27-2007, 05:57 AM.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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