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SC Final Payment for Exempt employee South Carolina

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  • SC Final Payment for Exempt employee South Carolina

    Hi, hoping someone can help me. I want to be fair, but I also don't want to give up something that is due to me. I am an exempt professional employee. I gave a six week notice and my last day is July 31. Our pay cycle starts July 28 and ends August 10. Am I due to be paid for the entire two weeks, for one week, or for the 4 days that I will work?

    Also, I just found out that HR had docked me for days that I have worked at home. They didn't dock me pay wise, but they hit my vacation and sick time. Now I am looking at possibly having to pay the company back for those days. Can they do that?

    I would appreciate it if you can provide a link, but please in addition to an explanation. I've searched, and just don't get the legalese!

    Thanks for your help!

  • #2
    Exempt status is irrelevant for this issue; the employer is required by law only to pay you for time worked. Here is the exception to the "full week must be paid" for salaried exempt employees (specifically, paragraph 6).
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

    Regarding docking your vacation/sick bank for days when you worked at home, this is more problematic. Did they know you were working from home? Was it a phone call or two, or several hours? Are you saying that, by charging these days to vacation/sick, your balance is now negative? Did you say anything about this when it occurred?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Clarifications

      Yes, they knew I was working from home. In one case it was 4 hours, in the other it was a full day. I have worked at home at other times without being docked.

      Yes, my balance is now negative for PTO, and my last day is soon.

      I didn't know about it when it occurred, I was just given a report showing me. These numbers do not show up on our pay stubs.

      Thanks!

      Comment


      • #4
        I'd certainly take this up with HR again. Legally, the FLSA doesn't care about vacation/sick pay. However, as an exempt employee, see here, specifically paragraph (a):
        http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
        Last edited by Pattymd; 07-30-2008, 02:33 AM.
        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
          Link

          Patty,

          I don't think you gave the right link. It didn't have a paragraph (a) and it was for Virginia. I'm in SC.

          Thanks,
          Michelle

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          • #6
            Sorry, I edited it.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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