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Salaried Time Off in Illinois

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  • Salaried Time Off in Illinois

    I work in Illinois as a credit manager. I received the title when they fired my boss, but did not receive an increase in pay. With the new title I was made a salaried employee. I am required to go out of town on business trips 3-4 times a year. I am not compensated for these trips. I am also required to work overtime during our busy season.

    My question: They do not pay me overtime for my time away from my family, but when I've had to leave as much as 15 minutes early for a doctor's appointment, they have deducted it from my pay.

    If they do not pay me overtime, can they legally deduct from my pay?

  • #2
    Let me just be certain of one thing before answering - they deduct the time you miss from your paycheck? (Not from a bank of paid time off they provide, such as vacation time, paid sick days, or paid personal time but from your actual PAY?)

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    • #3
      I have been told they will only allow sick/vac in 1/2 day increments. They have been promising an employee handbook since before I started here 3 1/2 years ago and we still have yet to see one. So, I don't know what the actual policy is.

      That brings up another, related question. I have no sick/vacation time because my son was hospitalized earlier in the year. I realize it is not beneficial to a company to have someone taking off a lot of time. Before my father retired he was salaried and he was not alloted sick/vacation time as the hourly employees were. He was allowed time off as needed. If a salaried employee is only allowed the same amount of vacation/sick time as an hourly employee, but they are not paid overtime for the hours they work beyond their regularly scheduled hours, what advantages are there for the employee to be salaried?

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      • #4
        So, the question remains. Your actual pay is being shorted? Or are you charged a minimum of 1/2 day sick or vacation if you miss as little as 15 minutes?

        If they are actually docking your pay then they are not meeting the salary basis test for exempt employees.

        But, to make it clear, "salaried" is merely a pay method. The real issue is do you qualify as an exempt employee?

        See here:
        http://www.dol.gov/esa/regs/complian...a_overview.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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        • #5
          The money is being deducted from my actual pay. Let me give you a specific example. As I said, I have no sick/vac time left. Last week I left 1 hour early on Wednesday for a doctor's appointment, however I worked 19 hours on Friday. I am being docked for the 1 hour that I left early.

          Regarding the exempt status:

          Administrative Exemption

          To qualify for the administrative employee exemption, all of the following tests must be met:

          The employee must be compensated on a salary or fee basis (as defined in the regulations) at a rate not less than $455 per week;
          The employee’s primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers; and
          The employee’s primary duty includes the exercise of discretion and independent judgment with respect to matters of significance.

          When I was the assistant credit manager, I was hourly, but had the authority to determine which accounts were placed for collection. Since being given the title of credit manager I am salaried, but am no longer able to make those decisions. All placements must now be signed off by our CFO. Since receiving the title and being made salaried I have lost all authority to make decisions. Does this mean they are required to pay me overtime?

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          • #6
            You may want to contact the federal Dept. of Labor to inquire as to whether your particular job duties qualify you as exempt.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              Making any deductions from an exempt employee's pay in less than full day increments (and even then only for specifically allowed reasons) is unlawful unless the employee is on approved intermittent FMLA leave.

              You can contact your State's Department of Labor and file a complaint.

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              • #8
                You may want to contact the federal Dept. of Labor to inquire as to whether your particular job duties qualify you as exempt.
                http://www.dol.gov/esa/contacts/whd/...2.htm#Illinois
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment

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