Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Salaried and Non-Exempt? Colorado

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Salaried and Non-Exempt? Colorado

    Hello, I work for a decent company, we're small but we have big sales. I was hired on here 4 years ago and was hired into a salaried position. But as soon as the interview was over and I stepped foot inside the business, I've been treated like an hourly employee--just like everyone else at the company. The company has 3 hourly employees and 10 salaried ones. We all punch a time clock and we're all treated the same. If you work 40 hours, you get paid for 40. If you work 38 hours, you HAVE to take 2 hours vacation time. Time off unpaid is strictly frowned upon. We only have one kind of leave, and that's personal leave (although the company 'reccommends that you keep half of your 15 days for sick leave)!!!

    We clock in and out for lunch. We get a paper check every week, and are NOT allowed to build up any time by say working 42 hours one week and 38 hours the next. If you work 42 hours, you get paid for 40. I think my employer is trying to 'Have it's cake and eat it too' so to speak.
    As a salaried employee, I've always had contracts and leeway. For instance, most salaried jobs I've had would require that exempt employees work 37-40 hours per week. Anything under 37 hours you could lose your full-time status. Any thoughts?

  • #2
    Salaried and hourly are merely pay methods. Are you exempt or nonexempt? If you don't know, what exactly are your duties?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Thanks

      I'm an exempt employee. I'm a Marketing/Advertising/Info. Technology Computer person. I was hired as salary, but every single time I punch that clock, and am strictly held to it, I don't FEEL like a salaried employee. Also, every time anyone gets a raise, it's "I'm giving one more dollar an hour." Everything is hourly it seems. Thanks for your time.

      Comment


      • #4
        An exempt employee is expected to work whatever hours are necessary to get the job done. Being required to clock in/out does not make you nonexempt. Neither does being required to use PTO for partial days off for personal reasons. "Hours worked" has no legal meaning for exempt employees unless if your salary is being docked illegally or you are on intermittent FMLA.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          I think I got it . . .

          Thanks again. I understand why my company's policies are in place and why they are. I guess I have problems with those policies, or the ethics as to which our salaried employees are treated. I truly have a problem with NOT being able to take as much time off unpaid as I'd like. Especially 'if the job is done' as you put it. It's as simple as me being able to leave early or work late, as long as I pulled 40 hours. And if I didn't, then I should always be able to take time unpaid and not be punished or fired because of it.

          Comment


          • #6
            "I should be able to" is not supported by the law. The law is silent on the issues you raised. Nor is such a time policy uncommon; in fact, such policies are very common.

            The FLSA does not specify how exempt employees are scheduled. I don't know what you think is unethical about the employer requiring exempt employees to work XX hours per week, tracking the hours of exempt employees, or requiring exempt employees to use PTO for minimal hours missed on a single day for personal reasons. The law prohibits none of those actions. The law DOES require the exempt employee be paid their full day's salary for any day in which they do ANY work (except if the absence is FMLA-related), whether the employee would rather take the time off without pay or not.

            Exempt employees have certain advantages, such as limited legal reasons for not paying the full week's salary. Nonexempt employees have certain advantages, such as overtime pay.

            Honestly, and I don't mean this to sound as harsh as it might, if you're that unhappy with living with the rules that the employer has, such rules being perfectly legal, maybe you should reconsider working in a position that meets the criteria for exempt status. More companies than not will have similar rules for exempt employees.
            Last edited by Pattymd; 06-11-2009, 01:30 PM.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              I appreciate the honesty, thanks! When you said:

              "The law DOES require the exempt employee be paid their full day's salary for any day in which they do ANY work (except if the absence is FMLA-related), whether the employee would rather take the time off without pay or not."

              Do you mean that if I work 4 hours, the law requires that I be paid for 8 unless it's FMLA? So, if I have 4 hrs. of PTO I have to take it? What if I have 0 hrs. of PTO? Do I then take it unpaid?

              And what if I PREFER to take time unpaid as opposed to using vacation?

              Also, what do you mean by "such as limited legal reasons for not paying the full week's salary"?

              Thanks so much for your time. I'm trying to gather some thoughts before asking the higher ups about some unpaid leave.

              Comment


              • #8
                Originally posted by westmarty View Post
                And what if I PREFER to take time unpaid as opposed to using vacation?
                It doesn't matter what you prefer. If your company says you use vacation time or PTO to fill in the missed hours, then they can make you use it.

                Also, what do you mean by "such as limited legal reasons for not paying the full week's salary"?
                I believe what Patty is saying (and correct me if I'm wrong) is that businesses are very limited in the ways they are allowed to legally not pay an exempt employee's full week's salary. For instance, if you work even one day during the week (with the other four days off), they are legally required to pay you for that entire week. The only drawback for you is that they can make you use your vacation time to pay you. However, once all your vacation is used up, they are still required to pay you for that entire week.

                Hope this helps!

                Comment


                • #9
                  This is complicated. Let's say for the sake of discussion that Bob is an Exempt Salaried employee who makes $1,000/week. I will include a pointer to the docking rules, which I am going to suggest that you read.

                  The keys are:
                  - These rules are federal law (FLSA), meaning applicable in all 50 states.
                  - The rules do not mention vacation/PTO at all, so any time you trying to claim that reducing the vacation/PTO somehow is impacted by the Exempt Salaried rules, that just means (no offense) that you have not actually read the rules. Federal DOL is very much on record that nothing that happens to vacation/PTO balance has anything to do with the federal Exempt Salaried docking rules.
                  - Let's say Bob works one minute Monday, then normal hours worked for Tue-Fri, then Bob must be paid the full $1,000 weekly salary.
                  - Let's say Bob works exactly one minute each day. The employer still must pay Bob the full weekly $1,000 salary. The employer can fire Bob, but they must pay him.
                  - Bob voluntarily takes Monday off. The employer can dock Bob that day ($200) and pay Bob $800 for the week.
                  - The employer has a one week shutdown and Bob is told to take a hike for the week. If the workweek and the "week" are the same, the employer can legally not pay Bob for the workweek involuntarily not worked. If instead the workweek and calendar week do not line up, otherwise known as a really dumb employer, then Bob must be paid in full for both weeks (based on the facts as presented).

                  And in every one of those cases, any and all reductions in vacation/PTO balances is perfectly legal under federal law.
                  "Reality is that which, when you stop believing in it, doesn't go away".
                  Philip K. **** (1928-1982)

                  Comment


                  • #10
                    DAW,

                    I realize that vacation/PTO balances have nothing specifically to do with the Federal rules, but isn't it at the employer's discretion if they decide to pay the employee that way for time not actually worked? (except, of course, for the entire week not worked at all.) I may have missed something.

                    Comment


                    • #11
                      There are two very different things occurring. FLSA legally has nothing!!!!!!! to do with vacation/PTO. Any time sometime tries to create a linkage between the federal FLSA law/regulations/rules and vacation/PTO, they are wrong.

                      Any time some one talks about Exempt or Salaried or both, they are talking about FLSA concepts. Anytime someone talks about vacation/PTO they are talking about non-FLSA concepts.

                      So from a legal standpoint, one determines what the actual federal FLSA legal obligation is. Let's say using my Bob example, Bob takes Monday off. Under the FLSA law, the employer is required to pay Bob at least $800. If the employer wants to pay more, FLSA is fine with that. FLSA sets "at least" requirements, not "at most" requirements. If the employer want to use some type of "magic words", like vacation/PTO to justify paying more then the FLSA requirements, that is fine, but there is no legal requirement that they do so. Employers legally either comply with FLSA or they do not.

                      I am in complete agreement with your (JulieBean) premise that the employer can pay more then the minimum FLSA requriement, or that they can offer benefits not required by federal law, such as vacation/PTO.

                      The problem is however the OP's general premise that reducing vacation/PTO somehow violates the FLSA docking rules. It does not.

                      -------

                      Vacation/PTO is a function of state law (if any), company policy (if any), and contracts (if any). But state law, company policy and contracts have no legal linkage to the federal FLSA law. These are legally unrelated issues.
                      "Reality is that which, when you stop believing in it, doesn't go away".
                      Philip K. **** (1928-1982)

                      Comment


                      • #12
                        Okay, gotcha. Thanks for the clarification!

                        Comment


                        • #13
                          I would like to thank you all for your replies. The only real problem that I see that my employer does, is NOT ALLOW overtime for our non-exempt employees (the one's we pay hourly), and it does NOT pay full salary to it's exempt employees when the employee has exhausted PTO. It is also strictly frowned upon when an employee takes time off unpaid. But when you have no PTO left, and you need time off, I guess the employee can either be fired, or the boss can choose to allow the employee to take that time unpaid.

                          Comment


                          • #14
                            Are you saying that if a non-exempt employee works overtime, they are not paid for it? Or are you saying that non-exempt employees are not allowed to work over 40 hours a week? Legally those are two very different things. An employee who works overtime has a legal right to be paid for it, but he doesn't have a legal right to work overtime.

                            As for the exempt employee who takes a day off, the law expressly gives the employer permission to dock an exempt employee who voluntarily takes a day off for personal reasons. The key word is voluntarily.
                            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


                            • #15
                              westmarty, here is the FLSA regulation that describes the conditions under which a salaried exempt employee can have their salary docked. Again, note PTO/vacation is not mentioned here. "Salary" in this context includes PTO as a substitution for salary.
                              http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
                              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                              Comment

                              The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                              Working...
                              X