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in NYC-- docking personal time? + general ? about exempt employees

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  • in NYC-- docking personal time? + general ? about exempt employees

    I work in New York City, New York as an exempt employee (Admin related). I have two questions.

    1. My work hours are verbally specified at 8:30am to 5:30pm with a half an hour lunch-- which totals to 42.5 hours a week of work. This is not based on performance/work accomplished, but actual hours in the office. The employee manual states that we are to work a 40 hour week. If we are considered exempt employees, can we be expected to work an 8.5 hour day with set work hours? Does this make me a non-exempt?

    2. My boss started docking me for personal time taken when I have been at the doctors. For instance, I came into work at 8:30am and worked without a lunch break until 4pm totaling 7.5 hours worked. Then I left for a doctor's appointment. Because our work day is 8.5 hours (mentioned above), then I "owe" an hour of time. My boss took the time out of my personal time (without telling me-- found it in my paycheck). Is that allowed until Title 7? I looked it up online today, but got a lot of conflicting answers.

    Thanks for your help.

  • #2
    Exempt employees CAN be required to work set hours - it does not automatically change them into non-exempts. I don't know where so many people get the idea that exempt employees get to set their own hours. They don't.

    As long as your salary, in terms of dollars, remains the same each week, it is quite legal for a time bank (vacation, sick or personal) to be docked to cover absences. He does not have to get your permission or even to tell you in advance. This is a very common policy.
    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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    • #3
      thanks + follow up

      That is really helpful on both counts-- thanks. Last question and I will put my mind to rest:

      If I am working 42.5 hours per week regularly (9 hour days with a half hour lunch = 8.5 hours per day), can my boss dock me an hour personal time based on a 40 hour week? My pay stub says I worked 39 hours, but I really worked 41.5. Just curious.

      Thanks again for the information.

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      • #4
        Yes, he can. It may be petty; it may be unfair. But it is legal.
        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

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