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  • salary empoyeed Florida

    I work in a mental health clinic as a professional. My question is this-
    I am considered a salaried employee. my check stub says pay by the hour I work over 40 hours. I was told that if I had to work 50 hours to do my job that's what I had to do, but I do not recieve overtime or flex time. I asked once that if I am salaried (and my understanding of salary was you work over 40 hours or under 40 hours you get the same pay,) however, how come if I missed a day of work I am forced to take leave or I don't get paid for that day. I was told I am only allowed to "flex" the time out if all my documentation is caught up. Can they put the stipulation on "salaried" like that? Of course my documentation is never all caught up. working with the mentally ill and substance abuse requires A LOT of documentation. I feel that I work every week 6-10 hours over but do not get any type of compensation for my time. Is this stipulation a way to not pay the over time and are they using salaried in the wrong way. I have tried to research this but either I am not looking in the right way or not asking the correct questions. Any help would be appreciated.

  • #2
    Salaried is only a pay method. What matters is exempt or non-exempt.

    An exempt employee, which is what most people mean when they say salaried, receives the same pay no matter how many hours they work, with limited exceptions. However, neither the Federal government nor the state legislature in any state (limited exceptions in California) prohibits an employer from substituting paid leave for an absence. It is COMPLETELY legal in all 50 states to require an exempt employee to take vacation, sick, personal or other paid leave for an absence.

    An exempt employee may have their pay docked in the following circumstances (and ONLY in these circumstances):

    1.) If it is the first or last week of employment and the employee does not work the entire week
    2.) If the employee is on FMLA
    3.) If the employer offers a reasonable number of paid sick days, and the employee calls in sick when they either are not yet eligible for them or have used all the days to which they are currently entitled
    4.) If the employee takes a full day off for personal reasons
    5.) If the employee is suspended for a major safety violation
    6.) If the employee is suspended for the violation of a written company policy, which is applicable to all employees and which relates to workplace conduct (drugs/alcohol in the workplace, sexual harassment, workplace violence etc.)

    There are no circumstances whatsoever in which the employer is required to allow you to flex time. That is completely a matter of company 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.

    Comment


    • #3
      Thank you for respoding to both of you, I am new to this type of blog. so it may take a couple of tries to get it right. I am a therapist and do group counseling and mental health counseling. So I think that being a salaried employee really only benefits my employer, right. I earn sick leave by the week, so if I don't have leave My paycheck is shorted if I miss a day no matter if I work over 40 the other 4 days. i.e. 1096.00 for 80 hours in a 2 week period, I work 92 hours in a two week period, but if I miss a day my pay is 986.40. The 92 hours is every payperiod.

      Comment


      • #4
        Technically either Exempt or Non-Exempt employees can be paid on a Salaried basis. It sounds like your employer considers you to be an Exempt Salaried employee. Saying you are "salaried" is somewhat misleading, when the important issue as CBG said is that your employer (rightly or wrong) considers you to be Exempt. You might want to verify that you are indeed correctly classified as an Exempt employee.
        http://www.dol.gov/esa/regs/complian...irpay/main.htm

        Under federal rules, there is never any legal obligation to pay an Exempt employee overtime. There are certain restrictions on reducing an Exempt Salaried employee's salary. There are no federal restrictions on reducing benefit hour balances for time not worked, and Florida tends to be a "just like federal" state in terms of payroll law. They have a higher then federal minimum wage, but that is pretty much it for Florida specific payroll rules.

        CBG already explained the docking rules for Exempt Salaried employees and nothing you said indicates that the employer is failing to follow those rules.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

        Comment


        • #5
          workweary, I'm also in behavioral health, and all of our therapists and other professionals (Master's level and above) are classified as exempt. Due to the specialized training and knowledge involved, there is no other choice but to make them exempt.
          We all acknowledge that we have a lot of paperwork, and can't always get it done in the 40 hour week. What I used to do is measure therapist productivity (how many billable hours they did in a 40 hour week) then rewarded those with a certain level with a small "bonus" to cover extra paperwork time.

          Comment


          • #6
            It is not unusual for a payroll software to automatically put 40 hours on a paystub, regardless. That does NOT mean that you are only being paid for 40 hours and all other hours are unpaid.

            An exempt employee (and if I had to bet, my money would be on your qualifying as exempt) is not paid on the basis of how many hours they work. They are paid on the basis of getting the job done.

            Vacation, sick, and personal time are there specifically for the purpose of being used when you miss a day. It is not unreasonable to expect you to use it for that purpose.
            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


            • #7
              Originally posted by workweary View Post
              So I think that being a salaried employee really only benefits my employer, right.
              No, not really. The benefits an exempt employee receives are the very limited situations under which an exempt employee's weekly salary (no matter what "bucket" it comes out of) may be docked, as cbg explained.
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                Salaried exempt

                I am a healthcare professional (nurse)who works for a large corporation. I agree with Workweary that being an"exempt salaried" worker benefits only the employer. I am making approx. $20,000 a year less than I could make elsewhere. I accepted this position because it offered "weekends off." I have been told this week by 2 different employees that the company could ask me to work 6 days a week or 20 hours more weekly and not have to compensate me in any way.
                The company keeps adding more and more responsibilities to my position that are typically not a nursing requirement. In adding these responsibilities it increases my workload making it harder to complete in a 40 hour week. I am extremely organized and time efficient and have received excellent evaluations in the past from former employers. It is not a matter of being slow, but rather of being asked to do too much. In the past, some of my current responsibilites have been contracted out, but of course the company now wants to save money.
                I have let it be known that I will not tolerate being required to keep giving of my time with nothing in return. I am in the process of looking for another job in the event the company does not take me seriously.
                I was never treated this way as a "non-exempt" employee, my hours worked were paid.
                I believe companies have found a way to mistreat their employees who do not fall under the protection of federal law. They call it legal, but realistically it is not.

                Comment


                • #9
                  Originally posted by WorkHorse View Post
                  I agree with Workweary that being an"exempt salaried" worker benefits only the employer.
                  That is just not correct. As previously explained, the advantage to being exempt is that there are only very limited circumstances under which your weekly salary may be docked, no matter how few hours in the week you work.
                  If you don't believe us, see here:

                  http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

                  I have been told this week by 2 different employees that the company could ask me to work 6 days a week or 20 hours more weekly and not have to compensate me in any way.
                  If you are correctly classified as an exempt employee, that's absolutely true.

                  In adding these responsibilities it increases my workload making it harder to complete in a 40 hour week.
                  40 hours per week doesn't mean anything as far as exempt employment is concerned, at least legally.

                  I have let it be known that I will not tolerate being required to keep giving of my time with nothing in return.
                  Then don't expect to be working there very long. You don't get to call the shots except to vote with your feet. However, it's very unlikely you will get anything more amenable to you with another employer.

                  I was never treated this way as a "non-exempt" employee, my hours worked were paid.
                  And you're not a nonexempt employee now. That's why you're not required to be paid overtime.

                  I believe companies have found a way to mistreat their employees who do not fall under the protection of federal law. They call it legal, but realistically it is not.
                  Exempt employees certainly DO fall "under the protection of federal law". And it's perfectly legal. Read the link above. Exempt employees are "exempt" from the overtime and minimum wage provisions of the FLSA. That's it.

                  If you want to go back to being a nonexempt employee, then only agree to take a job where your duties do not qualify as exempt. Then you can get paid overtime. And make a lesser wage. And legally have to be paid only for the hours you work.
                  Last edited by Pattymd; 06-23-2007, 05:51 PM.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment


                  • #10
                    Exempt salaried workhorse

                    In my current position,I never work less than 40 hours a week-there is too much work to be done.By the way,when I was hired I was not told I was an "exempt salaried employee." I have just been informed of it in the last week.
                    I have also found out it is one of the reasons the previous nurse quit, leaving the company in quite a dilemma.


                    "Then don't expect to be working there very long. You don't get to call the shots except to vote with your feet. However, it's very unlikely you will get anything more amenable to you with another employer."

                    I don't expect to be working there much longer as I am already looking for another job. As far as more amenable, I was offered over $10 per hour more by another employer before accepting this position, but i did not want to work every other weekend so, I chose my current job with the understanding I would not be required to work weekends.

                    "And you're not a nonexempt employee now. That's why you're not required to be paid overtime."
                    As previously stated, I have only found out within the last week that I am an "exempt salaried employee."


                    "If you want to go back to being a nonexempt employee, then only agree to take a job where your duties do not qualify as exempt. Then you can get paid overtime. And make a lesser wage. And legally have to be paid only for the hours you work."

                    If my employer had been honest with me when they offered me this position, I could have made an informed decision regarding exempt vs. nonexempt and I would not have accepted this job. I most certainly would rather work as a nonexempt employee and get paid for the hours I put in. Your statement " and make a lesser wage" is incorrect, my wages now are far less than I have been paid in the last 9 years. In fact, when I interviewed for this job my current employer stated they couldn't come close to what I was previously making so, the compromise was "no weekends" and more vacation time. Even with these compromises-my wages are still less than what I am accustomed to. I am now making over $15,000 less yearly than my previous job and that is based only on a 40 hour work week. My employer has a real bargain in me - and they know it.

                    Comment


                    • #11
                      That is not, however, the norm.
                      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


                      • #12
                        Originally posted by workweary View Post
                        I work in a mental health clinic as a professional. My question is this-
                        I am considered a salaried employee. my check stub says pay by the hour I work over 40 hours. I was told that if I had to work 50 hours to do my job that's what I had to do, but I do not recieve overtime or flex time. I asked once that if I am salaried (and my understanding of salary was you work over 40 hours or under 40 hours you get the same pay,) however, how come if I missed a day of work I am forced to take leave or I don't get paid for that day. I was told I am only allowed to "flex" the time out if all my documentation is caught up. Can they put the stipulation on "salaried" like that? Of course my documentation is never all caught up. working with the mentally ill and substance abuse requires A LOT of documentation. I feel that I work every week 6-10 hours over but do not get any type of compensation for my time. Is this stipulation a way to not pay the over time and are they using salaried in the wrong way. I have tried to research this but either I am not looking in the right way or not asking the correct questions. Any help would be appreciated.
                        How are you doing workweary? I hope you get used to the hours you have to pull to do this job, or find one that will have to be paid as non exempt, those seem like the only choices you have in this matter. I wish you the best of luck in the future!!

                        Comment


                        • #13
                          Originally posted by WorkHorse View Post
                          In my current position,I never work less than 40 hours a week-there is too much work to be done.By the way,when I was hired I was not told I was an "exempt salaried employee." I have just been informed of it in the last week.
                          I have also found out it is one of the reasons the previous nurse quit, leaving the company in quite a dilemma.


                          "Then don't expect to be working there very long. You don't get to call the shots except to vote with your feet. However, it's very unlikely you will get anything more amenable to you with another employer."

                          I don't expect to be working there much longer as I am already looking for another job. As far as more amenable, I was offered over $10 per hour more by another employer before accepting this position, but i did not want to work every other weekend so, I chose my current job with the understanding I would not be required to work weekends.

                          "And you're not a nonexempt employee now. That's why you're not required to be paid overtime."
                          As previously stated, I have only found out within the last week that I am an "exempt salaried employee."


                          "If you want to go back to being a nonexempt employee, then only agree to take a job where your duties do not qualify as exempt. Then you can get paid overtime. And make a lesser wage. And legally have to be paid only for the hours you work."

                          If my employer had been honest with me when they offered me this position, I could have made an informed decision regarding exempt vs. nonexempt and I would not have accepted this job. I most certainly would rather work as a nonexempt employee and get paid for the hours I put in. Your statement " and make a lesser wage" is incorrect, my wages now are far less than I have been paid in the last 9 years. In fact, when I interviewed for this job my current employer stated they couldn't come close to what I was previously making so, the compromise was "no weekends" and more vacation time. Even with these compromises-my wages are still less than what I am accustomed to. I am now making over $15,000 less yearly than my previous job and that is based only on a 40 hour work week. My employer has a real bargain in me - and they know it.
                          Are you in a union? If so, what has your rep said about the extra hours. Every place is different, but at the hospital I work at, the nurses union fought for being paid extra if they were asked to stay because someone could not come in, or get some kind of bonus pay, for working a day that is considered their day off. Like I said though, every place is different, and it all depends on the union contracts and talks.

                          Comment


                          • #14
                            I think Workhorse needs to start his/her own thread if we're going to continue this discussion.
                            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


                            • #15
                              Originally posted by cbg View Post
                              I think Workhorse needs to start his/her own thread if we're going to continue this discussion.
                              Good call cbg.

                              Comment

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