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  • exempt or non-exempt

    I am listed as an exempt employee in MS (I am a department head). I do not work for a government agency. I supervise one employee, and about 10 employees perform jobs under my department, but are supervised by someone else. I am listed as their reviewer and must sign off on performance evals.

    The question is: Can I be exempt and non-exempt at the same time? I think that I am an hourly employee. I sign in and out. I have an hourly wage, and if I am not at work, I do not get paid. If I miss 15 minutes, I am docked 15 minutes. We can only take sick/vacation pay in 4-hour increments, so if I want to get paid for the time missed, I must take all 4 hours off. Also, I do not see others listed the same as I, doing this. They come and go as they please, without having to fill out sick/vacation time sheets. I am a newcomer. Most of the department heads have been here for decades and have history with the boss.

    I've been reading some of the posts. Many say that I can not be docked for any part of the day, if I come to work any part of the day. However, these posts have been for other states.

    Also, I was recently told (after the fact) that I could no longer get comp time for travel to and from meetings and conferences. I do understand that if I am truly a salaried and exempt employee, then comp time is at my boss's discretion.

    Please explain all of this to me. I am at my wit's end, and I'm tired of it. If I am exempt, that's fine. I do not really care about the comp time, if they can not dock my salary if I leave early every now and then. However, if I am actually hourly, I want my comp time or overtime.

  • #2
    Exempt or Non-Exempt

    If you are exempt, you do not have to receive comp-time. Your employer can require you to sign-in and out, as long as it isn't being used to compensate you on an hourly basis. Your pay cannot be docked for partial days worked, unless the reason for your absence is FMLA. The shortage of hours can come from accrued time off benefits, such as vacation and sick.

    You say that you are paid hourly. That is contrary to the definition of an exempt employee. You can read about exemption at: http://www.dol.gov/esa/regs/complian...a_overview.htm
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

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    • #3
      clarification

      How it stands right now, if I want to leave work at 3:00p.m. (hours are from 8-4:30), I am docked for 1 1/2 hours because vacation/sick time has to be taken in 4 hour increments. If I want vacation/sick time to cover it and not get docked, I have to take off at 12p.m. Does this go against my exempt status and make me hourly?

      On my paycheck, my wages are listed at an hourly rate times the number of hours worked. I have been docked for time missed in the past. If I miss 1 hour a day each day, I'm still going to get docked for the five hours, because I have to take the 4 hour increment sick/vacation time all in one day, not in accumulation.

      To me, it seems like the company is getting over. I am exempt when it comes to comp time and overtime, and I am hourly when it comes to docking my check and paying me for actual hours worked (minus overtime of course, because I am exempt). I get a lot of overtime, and I need clarification.

      This is a big problem in the company. It is happening a lot. We have tried to explain exempt vs. nonexempt to the boss, but he says that we are wrong. We have even went to conferences where Wage and Hour have conducted workshops, (yes, he was in attendance) but basically nothing has changed (except we no longer get comp time). This issue is causing a lot of discord in the company. Please help!

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      • #4
        Exempt or Non-Exempt

        You can report him to the US Department of Labor. (I couldn't find a Mississippi department that accepts wage claims.) You can read about contacting the US DOL at: http://www.dol.gov/esa/contacts/olms...f_Coast_Region
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment

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