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Exempt employee not paid for sick days?

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  • #16
    No, I said one of the items on your list was wrong. That item had to do with breaks. Neither Federal nor Texas law requires breaks of any kind for any employees.

    Point by point:

    • Are paid for all hours worked, including additional pay for additional hours worked - correct
    • Must be paid at overtime rates if they work beyond a certain number of hours in a
    day or week.
    Correct
    • Are paid more frequently Incorrect as to Federal law, may or may not be correct depending on state law
    • Must take rest breaks and meal breaks Incorrect with regards to Federal law, may or may not be correct depending on state law. Is incorrect in Texas
    Employees in exempt jobs:
    • Are paid to get the job done regardless of hours worked correct
    • Are paid an established salary correct; however certain deductions are permitted and are explained in the link I posted
    • Are not eligible for overtime pay Correct

    If you will answer DAW's question with regards to your industry and duties, then maybe we can establish whether you are correctly classified as exempt. If you want to think that's BS, fine. But you have not provided the information required to develop anything resembling an informed opinion.
    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


    • #17
      Apologies, I didn't see that question.
      I work in IT, I don't manage anyone, I'm responsible for the entire computer network, pc, servers, switches, firewalls (never ending list). I'm basically on call 24/7, if something goes wrong. If I go out of town on the weekend I have to notify my supervisor. Let me know any other information that might help.

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      • #18
        The only reason I even asked this question was because my supervisor told me he worked from home most days before he got promoted (he was the only one in IT) and I think he was hourly at the time. So, I figured I would get paid also.

        Comment


        • #19
          The only opinion that matters in the end is the government, but based on what you have said you fail the IT Professional and Executive tests. The Administrative exception is still possible but not very likely.
          http://www.dol.gov/whd/regs/complian...a_overview.pdf
          "Reality is that which, when you stop believing in it, doesn't go away".
          Philip K. **** (1928-1982)

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          • #20
            Yea, I figured it was straight forward, but when is anything when it comes to the government. I would have never said anything to anyone about it. But, I was curious. I like my job and the people I work with for the most part, so I don't want to cause any trouble. At least I know what to expect in the future. Sorry for upsetting you guys I figured it would be a whole lot simpler.

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            • #21
              I just think it's crazy you can call in on Monday and the rest of the week work 12 hour days and still only get paid for 4/5 of your salary. I never knew it worked that way. Thanks for clearing it up for me. Have a great day.

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              • #22
                The only thing I found upsetting was your assumption that you could accuse responders who volunteer their time to help people understand the law, of BSing you, and then were surprised that that they/we/I objected to that assumption. I still don't know what you think I would get out of deliberately misleading you.
                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.

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                • #23
                  Originally posted by cbg View Post
                  The only thing I found upsetting was your assumption that you could accuse responders who volunteer their time to help people understand the law, of BSing you, and then were surprised that that they/we/I objected to that assumption. I still don't know what you think I would get out of deliberately misleading you.
                  I just took your first post as being sarcastic, I guess because it didn't make since to me. On most forums there are "trolls" and I figured that was what I was experiencing.

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                  • #24
                    Originally posted by kmo2922 View Post
                    I just took your first post as being sarcastic, I guess because it didn't make since to me. On most forums there are "trolls" and I figured that was what I was experiencing.
                    You probably didn't notice but cbg is a super moderator with almost 36,000 posts - hardly a troll.
                    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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                    • #25
                      No sarcasm at all - simply the facts.
                      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


                      • #26
                        Yep, every responder was just stating the facts.
                        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


                        • #27
                          Trolling. Ones for fishing. One is not.

                          Originally posted by kmo2922 View Post
                          I just took your first post as being sarcastic, I guess because it didn't make since to me. On most forums there are "trolls" and I figured that was what I was experiencing.
                          Did it occur to you that WE may have thought that YOU were a Troll?

                          Signs of a Troll
                          Argumentative.
                          When asked for more details, Trolls are quick to anger and accuse, slow to answer or avoids giving answers at all
                          Assumes that their lack of understanding must mean that they are being lied to.
                          Trolls respond in ways that suggest the responder is not really paying attention or comprehending the answers they've given or even remembers what the question was.
                          It soon becomes clear that the Troll came here out of boredom and wants to start a fight or argue about stupidness.
                          Stupidness is something I try to over look and forgive. So I give everybody a bag of it when they first walk through the door.
                          But I've found that as I get older, that bag seems to get smaller and smaller, please try and choose your words better,
                          and pay more attention in the future, because,

                          you've just about used your allotment up..
                          Good Day!
                          ..________________________
                          ~I shoot from the hip and rarely miss,
                          my foot.
                          drruthless
                          Senior Member
                          Last edited by drruthless; 09-18-2012, 07:35 AM.

                          Comment


                          • #28
                            Let's start over here, shall we.

                            Does your employer offer at least 5 paid days off per year which you can use when you are sick? Were you off because you were sick or because your family was?

                            It sounds like you are exempt in which case you do not get OT and you get your regular salary no matter how many hours or days you work unless:

                            -Your employer offers at least 5 days you can use as sick leave a year and you have none to use.
                            -You are off work for an entire day for personal reasons. (this would include taking off because of sick relatives-not clear if you were sick or off because they were)
                            - You take time off which qualifies as FMLA (doesn't apply here)
                            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                            Comment

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