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Illinois laws regarding salary employees

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  • Illinois laws regarding salary employees

    I am currently a salary employee in the state of IL. My employer treats the employees like they are salary though by docking pay for time missed over their earned personal time off. For instance, if all my work is completed an hour or so before my scheduled time to leave, I must stay for that additional time or I will be docked in pay. But if I come in early to catch up or stay late to finish the job, I am not compensated for that time. This all started when I asked if it was ok if on the days I have night courses I work 6:30-3:30 instead of my normal 7:00-4:00. I was not shorting myself the 40 hours a week and the hours of operation are 6-6. I was denied and was told that would not been good for business. I’m not familiar with labor laws pertaining to salary employees but I thought that as long as the work was getting done, because you are salary, everything was ok and no time would be deducted, whether it took you 30 hrs a week or 60 hrs. Could someone please give me some feed back and maybe a link so that I can have documentation proving they are breaking IL labor laws? Thanks!

  • #2
    Ok, I'll assume by salary employee you mean exempt - is that correct?

    An employer (per the Fair Labor Standards Act) cannot dock an exempt worker's pay for absences of less than a full week unless the worker takes at least a full day off for certain specific reasons. However, your employer can require you to work whatever hrs. they wish you to work or as many hrs. as they wish you to work. You should be paid your regular weekly pay w/o deductions for partial days off & you get no add'l. wages for hrs. worked over 40 in a week.
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    • #3
      And here is the regulation regarding "salary basis" for exempt employees. If the employer is in violation of this, you can file a claim for unpaid wages with the state Dept. of Labor.
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      • #4
        Just so we are clear, not all Salaried employees are Exempt. Salaried and Hourly are just payment basis methods. It is perfectly legal to pay Non-Exempt employees on a Salaried basis. The major Non-Exempt Salaried regulation is 29 CFR 778.113.

        Any employee can legally be considered Non-Exempt, but not all employees can legally be considered Exempt. All Non-Exempt employees must be paid overtime. Exempt employees have no legal right to paid overtime, but have certain qualifying rules that must be achieved to be considered Exempt, and the additional rules mentioned by Patty that must be followed to maintain the Exempt status.

        The starting point is to determine if the employee in question is Exempt or Non-Exempt.
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