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

Announcement

Collapse
No announcement yet.

Exempt employee not paid for sick days?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Exempt employee not paid for sick days?

    My whole family came down with something and I missed three days of work. I was expecting to still get paid because I'm a salaried employee and I put in more then 40 hours a week and don't get paid overtime (This is my first salaried position). Well, of course I didn't get paid even though I completed some of the tasked I was responsible for from home. I haven't said anything because I don't want people to get upset with me and I can't lose my job. I was just curious if a exempt employee that completes some of his daily tasks from home doesn't have to be paid? To be honest 90% of my job I could do from home. Also, I live in Texas.

  • #2
    Salaried and exempt are not synonyms. Not all salaried employees are exempt; not all exempt employees are salaried.

    Which are you? It is possible to be both; it is not guaranteed that you are both.
    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


    • #3
      How do I know? From the explanation on this website I would say I'm exempt http://career-advice.monster.com/sal...t/article.aspx

      Comment


      • #4
        If you are exempt, then you can legally be docked for time missed due to illness if your employer offers a reasonable number of paid sick days, and you have either used all to which you are eligible or if you are not yet eligible for any.
        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


        • #5
          I don't clock in or out (most other employees do). I don't get paid overtime.

          Comment


          • #6
            Neither of which is proof of exempt status.
            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


            • #7
              That's what I needed to know. I guess I know now if I'm sick and I have sick time or not don't do any work from home.

              Comment


              • #8
                Also, I've read about four different websites and all of them said:

                Employees in non-exempt jobs:
                • Are paid for all hours worked, including additional pay for additional hours worked
                • Must be paid at overtime rates if they work beyond a certain number of hours in a
                day or week.
                • Are paid more frequently
                • Must take rest breaks and meal breaks
                Employees in exempt jobs:
                • Are paid to get the job done regardless of hours worked
                • Are paid an established salary
                • Are not eligible for overtime pay

                So, I don't know if you're BS me or what?

                Comment


                • #9
                  And why would I do that? I don't get paid more, or less, or at all, for giving you wrong information.

                  There's at least one item in your non-exempt that is incorrect, btw. And I don't see anything in your list regarding deductions. But if you don't believe me, perhaps you'll believe the US DOL:

                  http://www.dol.gov/elaws/esa/flsa/overtime/cr4.htm#1
                  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


                  • #10
                    Any employee can be non-exempt. Microsoft can make Bill Gates non-exempt if they want to. Not any employee can be Exempt. That is a function of looking at the actual job duties and sometimes the industry? What is your actual job duties? What is your industry?

                    ------

                    The federal FLSA law creates requirements for minimum wage and overtime. That is what the phrase "non-exempt" means. If we say someone is Exempt that means that they fall under one of the 100 or so Exempt classifications defined in the FLSA law and because of that they are Exempt from minimum wage, overtime or both. In order to give you a good answer, we need to determine not only if you are Exempt, but if so, under which classification. The specific Exempt classification determines which rules are in play.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

                    Comment


                    • #11
                      Your reference doesn't explain to me how to determine if I'm exempt or not. Isn't that what we were talking about? I'm so confused.

                      Comment


                      • #12
                        I am responding based on your claim to be exempt, which, as DAW points out, is a function of your job duties. You can read the rules in the link I posted. Since you think I'm BSing you, I see no need to respond further.
                        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


                        • #13
                          What are your job duties? What is your industry?
                          "Reality is that which, when you stop believing in it, doesn't go away".
                          Philip K. **** (1928-1982)

                          Comment


                          • #14
                            So, a nonexempt employee doesn't have to be paid overtime? Why do companies pay overtime at all? No one has told me how to know if I'm exempt or nonexempt is it that complicated?

                            Comment


                            • #15
                              Originally posted by cbg View Post
                              I am responding based on your claim to be exempt, which, as DAW points out, is a function of your job duties. You can read the rules in the link I posted. Since you think I'm BSing you, I see no need to respond further.
                              I'm sorry you feel that way. Obviously you're a very sensitive person and I'm sorry for upsetting you. All I know is what I've read on four different websites and they all say the same thing and you are saying those website are wrong, but you're not saying what's right. Sorry again for upsetting 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