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  • Help!!

    I am new to this, so please forgive me if I do something wrong.
    I am a Business Office Manager for a nursing home & have been there for 12 years now. For a majority of that time I have been paid salery. The owner of our nursing home just recently signed a management contract with another man to help him get on a budget. This new management has put me back on the time clock, which I really don't have a problem with. My problem comes with this new manager telling me that he is required "by law" to put me on the time clock because "by law" a Business Office Manager is not a department head or a supervisor. He also said that "by law" I am required to clock out for a lunch break. My next question is while I was on salery I took off to take kids to the Dr. etc... but no one ever kept up with my off days (I have documented most of my days, but not all). Our policy states that an employee that clocks in & out will receive 15 PDO days per year. I asked my new manager about this stating that since I am starting on the clock at the end of the year, how will I know how many PDO's I have coming. He stated "we will come to a compremise (sp?) because no one had kept up with your PDO's." Well, the day after Thanksgiving I took off (as well as the rest of the office) & requested a PDO. He denied it stating that I do not have any days left. How can he prove that I don't?

  • #2
    Salary is just a pay method. Are you exempt or non-exempt?

    You can be required to punch in and out of a timeclock regardless if you are exempt or non-exempt. I'm not sure what Texas law says about breaks, but if your employer tells you to take one, you take one. If it's under 20 minutes, you must be paid, but if it's more, you can be required to clock out and do not have to be paid for that time (if you're non-exempt).

    Someone will probably come along and chime in with more.

    Comment


    • #3
      My problem comes with this new manager telling me that he is required "by law" to put me on the time clock because "by law" a Business Office Manager is not a department head or a supervisor.
      Nonsense. There is no such law. However, federal law (FLSA) requires that the employer maintain time accounting information for Non-Exempt employee. Employers are allowed to require Exempt employees to maintain time accounting information but are not required to do so by law. Microsoft can legally make Bill Gates clock in and out. Employers are also never required to make an employee Exempt (not legally subject to paid overtime). Any employee can be made Non-Exempt (legally subject to paid overtime) although the reverse is not true.

      TX is not my state. Most states do not consider vacation/PTO to be legally protected unless company policy says otherwise. I do not know what rules on vacation/PTO TX has (if any).
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

      Comment


      • #4
        Texas has no laws regarding the use of paid time off.
        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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        • #5
          I'm sorry, when I say I have to clock in & out I mean that I have been put on an hourly wage. Like I said I am new to this...lol...

          Comment


          • #6
            We understood that. Again, Bill Gates can be made nonexempt and paid on an hourly basis if Microsoft so desires.
            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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            • #7
              Everyone can be made non-exempt, so if he wants to make you that, he can. If you are non-exempt, like DAW stated, he is required by federal law to keep time records of when you worked.

              If he has been keeping track when you have used PDO and states you have none left to use, then you have none left. You can double check your records to compare with his, but there's no law requiring that you be given PDO at all.

              Even if you had PDO left, he is free to deny you that time off. It is a benefit that the employer does not necessarily have to allow you to take.

              Comment


              • #8
                Like I said...I have no problem being put on hourly. It's that he is telling me "by law" he has to because I am not a supervisor. He says you can only be salary if you are a supervisor or department head (which by the way, I have been for 12 years).
                About the PDO time. The new manager just signed the contract two weeks ago. He nor anyone else has ever kept up with my days off. He admitted that to me.

                Comment


                • #9
                  Originally posted by unhappy in tx View Post
                  Like I said...I have no problem being put on hourly. It's that he is telling me "by law" he has to because I am not a supervisor. He says you can only be salary if you are a supervisor or department head (which by the way, I have been for 12 years).
                  He is mistaken about who may be exempt. You could be an exempt employee under the Administrative Exemption, but that really does not matter. What does matter is that the company is not required to make you exempt, ever, even if you could be.

                  Even if you were to remain exempt, you could still be held accountable for your time. True, if, as an exempt employee, you took an hour off today to take the kids to their friend's birthday party, you would have to be paid your weekly salary if you had no Paid Time Off available to cover the time taken, but the new management could discipline you for taking the time. The fact that the past management did not track your time closely does not change this at all.

                  You are under new management and you may not like the new rules, but there is nothing illegal about them. Your choices are

                  A) live with the new rules
                  B) find new employment
                  Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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                  • #10
                    My questions have been answered. Thank you for all your help.

                    Comment

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