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salary pay Idaho

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  • salary pay Idaho

    I am on salary and I was sick for a day. By law is my employer suppose to pay me for the day I missed?

  • #2
    If you are non-exempt, the company may not have to pay you for the absence.

    If you are exempt and used all available sick time (if that time was five days or more), then they do not have to pay you for the day.

    Without knowing more details about what you do, it is hard to tell.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      I work in an automotive shop. I'm the oil change boy. I'm payed 1,500 per month. I work 50 hrs a week with no OT pay.


      Also how can I find out if I am exempt or not?
      Last edited by Idaho28; 12-17-2007, 05:59 PM.

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      • #4
        Originally posted by Idaho28 View Post
        I work in an automotive shop. I'm the oil change boy. I'm payed 1,500 per month. I work 50 hrs a week with no OT pay.


        Also how can I find out if I am exempt or not?
        You are not exempt. That is a blue collar job and none of those are exempt. Besides that, most exempt positions require a salary of $455 a week and you are well below that.

        You are non-exempt, you do not have to be paid for any time you do not work (such as any time you were out for illness or any other reason), but you should be paid overtime for any hours over 40 in a work week.

        You can file a wage claim with your state Department of Labor or the equivalent or with the Federal Department of Labor. You can also engage an attorney and file suit. Federal law allows you to get back pay plus an equal amount as liquidated damages, attorney fees and court costs. If you go the DOL route, you will only get the back wages.
        Last edited by ScottB; 12-17-2007, 06:15 PM.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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        • #5
          I have one more Question. If the shop is closed for a holiday during the work week. should I be paid for the day?

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          • #6
            Originally posted by Idaho28 View Post
            I have one more Question. If the shop is closed for a holiday during the work week. should I be paid for the day?
            Only exempt employees must be paid when the company is closed (and they do not have to be paid a dime if they are out the whole work week). Non-exempts may be paid, but the laws don't require them to be paid.

            You are a non-exempt employee and the company is not required to pay you for the time you did not work on a holiday. If it pays you, it exceeds federal and state laws.
            Last edited by ScottB; 12-17-2007, 06:57 PM.
            Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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            • #7
              Just to clarify the overtime question, do you work for an auto dealership or an independent facility?
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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              • #8
                It it an independent shop.

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                • #9
                  Originally posted by Idaho28 View Post
                  It it an independent shop.

                  OK, then the prior response by ScottB regarding overtime still applies.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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