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Exempt pay deduction in Illinois

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  • Exempt pay deduction in Illinois

    I work as an IT Consultant, and in that capacity am treated as a Salaried, Exempt employee. Because of that, I am expected to work extended hours and keep an on call phone with me without overtime.

    My work involves providing email, phone, remote, and on site support to customers, and then billing them at an hourly rate for my time. My salary does not depend on the number of hours that I bill, except in the sense that I am given a bonus for exceeding a certain number of hours. My pay is not reduced for not exceeding that number of hours.

    One day recently, I was out of the office for a portion of the day due to a personal situation. A pipe had burst and was leaking water throughout the house. During that time, I fulfilled my normal duties in phone, email, and remote support and billed customers appropriately.

    Apologies for the post length, I was attempting to include as much information as possible based on follow up questions in other threads.

    On my pay summary for that period, it was noted that I used 8 hours of vacation time for that day.

    Our vacation time has actual value in that it accrues per paycheck, and upon reaching a point, must be cashed out to avoid exceeding an arbitrary amount of hours.

    Would this be considered a reduction in pay that is not allowed for exempt employees based on a partial day absence?

  • #2
    Originally posted by ILL_IT View Post
    Would this be considered a reduction in pay that is not allowed for exempt employees based on a partial day absence?
    If you are talking federal law only (FLSA), then the question was if you were paid your full salary. As long as you are paid your full salary, then federal DOL could not care less what happens to your vacation/PTO balance. This is not mentioned anywhere in federal law and federal DOL is very clear that this is not their issue. If instead you were not paid your full salary, that is a federal law violation (29 CFR 541.602.).
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
    http://www.dol.gov/esa/whd/opinion/F...aidTimeOff.pdf


    If you are talking about IL law only, then your state is not my state, and I have no idea what rules (if any) IL has on this subject.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      IL has no laws prohibiting the docking of vacation pay in partial day increments for either exempt or non-exempt employees.
      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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      • #4
        I understand the federal law perspective about not caring about vacation time. I'm not trying to be argumentative, but I'd like a little clarification about whether the two points below are valid:

        1. I wasn't paid my full salary, I was paid my salary minus 8 hours. I had another earned benefit that was applied to make up the difference.

        2. I was not absent from work for 8 hours. I performed my work, or closely related work as described
        http://www.dol.gov/esa/regs/fedreg/f...lation_541.pdf

        DAW, CBG, I appreciate both of your input on the situation.

        Comment


        • #5
          1. As previously stated, the law doesn't care. To the law, "salary" means your gross pay.

          2. If you were absent X hours, but were charged X plus in PTO, you'll have to take that up internally.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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