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Nebraska comp. time/docked time

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  • Nebraska comp. time/docked time

    This didn't happen to me, but I'm wondering about the legality. Newer employee has worked at my company a couple of months. The employee is salaried (I think that means exempt). The employee was sick two days this week. This employee does not have enough paid time off accrued to make up for two days paid time off. The employee was told that they could make up the 16 hours or be docked two days pay. Fair enough.

    Here is the twist. The employee worked 8 hours on Sunday (mandatory). The employee asked if those 8 hours could be applied toward the missed time. They were told "no." Those hours didn't count. The time had to be made up after the time missed during the week.

    Anybody know what the law is on this? Thanks.

  • #2
    Salaried is just a payment method and does not mean much by itself. What is important is the exempt status. An employee could be Exempt Salaried, subject to the 29 CFR 541.602 docking regulation. Or an employee could be Non-Exempt Salaried under the 29 CFR 778.113 regulations which would mandate paid overtime but which allow the docking of base salary in response to hours not worked. Alternatively there are some very obscure Non-Exempt Salaried exceptions which are talked about but rarely used.

    The starting point is to determine the actual exempt status. This is a function of the actual job duties (not just the title) and sometimes the industry.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      I was finally able to follow up and find out that this person is salaried, non-exempt. I am so uneducated when it comes to this. I didn't know that salaried, non-exempt employees were eligible for overtime pay. And I do understand what you mean about salary is just a method of payment. I guess I'm just not sure what non-exempt means. Thank you for your expertise.

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      • #4
        Ok, then the above from DAW's post would apply: An employee could be Non-Exempt Salaried under the 29 CFR 778.113 regulations which would mandate paid overtime but which allow the docking of base salary in response to hours not worked.

        You note: "I guess I'm just not sure what non-exempt means."
        http://www.flsa.com:80/coverage.html
        from above (you might want to read it all) -
        Employees whose jobs are governed by the FLSA are either "exempt" or "nonexempt." Nonexempt employees are entitled to overtime pay. Exempt employees are not. Most employees covered by the FLSA are nonexempt. Some are not.
        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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        • #5
          And actually, even if the employee was exempt, the employee could still be docked for full days' absences for illness or injury because he had not yet earned enough sick time to substitute for salary or he was not able to take paid time off yet (assuming the sick time plan provided at least five days per year of paid time off for illness/injury).
          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.

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          • #6
            Agree but since employee is salaried non-exempt, I just furnished that info.
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              Originally posted by Betty3 View Post
              Agree but since employee is salaried non-exempt, I just furnished that info.
              I know this is an old post, but my company is so screwed up...I think I finally have the situation figured out. My co-worker is exempt that I spoke of earlier, which means she's really not part of this conversation anymore.

              However, I am salaried, non-exempt I just found out. I verified at the top of my last two paystubs where it lists my status. I work overtime every week. I checked my records, and this has been the case the last six years. I don't think I should fall into the non-exempt category as I am a computer professional, but that's what they've had me classified as. I think it's a mistake on their part. I don't think that's my problem. My opinion is that if I'm non-exempt, I should be paid as a non-exempt employee with overtime.

              My question: Do they owe me back overtime? What is the statute of limitations on this? Like I said, I've worked there six years and put in about 50 hours per week on average.

              Thank you all for being so much more educated on this than I am (Betty and others whose handles I can't name, but you know who you are)!

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              • #8
                Thank you PattyMD and DAW for your earlier posts. Sorry I didn't thank you earlier.

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                • #9
                  If they are treating you as nonexempt, then overtime is due. The federal DOL, however, will only go back for two years, three if the violation is deemed willful. I don't know how back Nebraska will go, but I haven't heard of any states that will go back any further than federal does.

                  Have you been reporting your actual hours worked on time reports all this time?
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                  • #10
                    Originally posted by Pattymd View Post
                    If they are treating you as nonexempt, then overtime is due. The federal DOL, however, will only go back for two years, three if the violation is deemed willful. I don't know how back Nebraska will go, but I haven't heard of any states that will go back any further than federal does.

                    Have you been reporting your actual hours worked on time reports all this time?
                    Yes. I fill out my time everyday on a computer-based system. I think if I say something to them about the overtime, they will just make me exempt.

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                    • #11
                      Well, there are advantages to being exempt also. Of course, legally they can't "make you" exempt if you don't meet the duties tests.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                      • #12
                        Originally posted by Pattymd View Post
                        Well, there are advantages to being exempt also. Of course, legally they can't "make you" exempt if you don't meet the duties tests.
                        I'm pretty sure I do meet the duties test. What are the advantages of being exempt, Patty? Everybody I know that is exempt just works overtime without being compensated for it. No benefits are apparent.

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                        • #13
                          As a salaried exempt employee you get paid your regular fixed weekly salary no matter how many hrs. a week you work. It could be 50 hrs. for example but it could also be only 30 hrs. There are also docking restrictions on your pay. "Generally," an exempt employee's pay is overall more per week than a non-exempt employee's pay & all non-exempt employees do not get overtime work in order to increase their pay. Exempt employees usually have more responsibility & a better chance for further advancement/promotion in the co. with a higher increase in pay than non-exempt employees. Sometimes they receive benefits that non-exempt employees do not receive.

                          These are the advantages you usually hear of.
                          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                          Comment


                          • #14
                            Originally posted by Betty3 View Post
                            As a salaried exempt employee you get paid your regular fixed weekly salary no matter how many hrs. a week you work. It could be 50 hrs. for example but it could also be only 30 hrs. There are also docking restrictions on your pay. "Generally," an exempt employee's pay is overall more per week than a non-exempt employee's pay & all non-exempt employees do not get overtime work in order to increase their pay. Exempt employees usually have more responsibility & a better chance for further advancement/promotion in the co. with a higher increase in pay than non-exempt employees. Sometimes they receive benefits that non-exempt employees do not receive.

                            These are the advantages you usually hear of.
                            The benefits at my company are uniform, I believe, among all employees. I'm not sure what you mean about docking restrictions, Betty. For example, at the company I work for, if you work 12 hours on Monday, seven hours Tuesday, and eight hours each day Wednesday through Friday, you get docked an hour for the one hour you missed on Tuesday. This happens to both exempt and non-exempt employees. This makes no sense to me. Thank you very much for your expertise again.

                            Comment


                            • #15
                              You might want to read DAW's link above to 29 CFR 541.602 re the prohibition of deductions (restrictions on deductions/docking) from salaried exempt employee's pay & the exceptions. (There are exceptions.)
                              Last edited by Betty3; 12-10-2009, 08:34 PM.
                              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                              Comment

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