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Louisiana Salaried & Exempt Question

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  • Louisiana Salaried & Exempt Question

    I'm a salaried & exempt employee in the state of Louisiana. My employer requires me to work a 40 hour work week, and our time sheets run Sunday-Saturday, but we typically work the 40 hours between the days of Monday-Friday 8a-5p.

    On one occasion I worked 50.5 hours in one week. Stating Sunday with a 1/2 day, by Wednesday I realized I had already accrued over 40 hours for the week so I requested Thursday off from my direct manager. By Wednesday I had 42 hours. My manager approved the time off and I returned to work Friday where I completed 8.5 hours for a total of 50.5 hours.

    My employer is now holding pay for Thursday saying that I didn't work that day so they are not required to pay me for it. I explained to them that I had worked over 40 hours that week and their response was, we can work you as much as we like without compensating you as an exempt employee. I'm not concerned about the overtime, that doesn't apply to me. I'm exempt. That said, having worked 50.5 hours Sunday-Friday <minus Thursday> I'm wondering if they have the right to pay me as if I only completed 32 hours.

    Any laws you can reference <provide links> would be greatly appreciated as I would prefer to handle this matter in house if there is any wrong doing involved before taking outside action.
    Last edited by Cwew; 02-20-2009, 06:28 AM.

  • #2
    Regardless of how many hours you worked, if there is a full work day which you voluntarily took off, they are not legally obligated to pay you for that day. There are a few exceptions to the law that say you must be paid for the full week of you work any part of the week, and that is one of them.

    40 hours is meaningless to an exempt employee.
    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
      That's considered "time off for personal reasons" and legally, the employer CAN dock your pay for that day. See here, (b)(1).
      http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

      Having said that, though, can you substitute it with vacation time? Does the employer have a policy for "comp time" for exempt employees? Was your manager authorized to make the decision to let you take that day off without using vacation and still be paid?

      Honestly, and I don't mean to make this sound as harsh as it might, maybe you're watching the clock a bit too much?
      Last edited by Pattymd; 02-20-2009, 11:18 AM. Reason: forgot to include the link
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        First off. Thanks for the timely responses.

        Patty, it seems like you posted a link, but the link is broken on my side. Can you re-post the link, or type out the address?

        I am required by my employer to watch my time in 15 minute increments and fill out time sheets accordingly which is why I have the detailed time listed, it's not something I stress(ed) over.

        As to my manager being authorized to grant time off without using leave, that was the impression I had when I asked and he answered.

        Lastly it just seems wrong I guess, which is why the post. I was actually surprised when reading your responses. Shouldn't I at least be compensated for the 4 hours Sunday then?

        Thanks again!

        Comment


        • #5
          If you are correctly classified as exempt, there are no circumstances whatsoever under which you are entitled by law to a single penny over and above your regular salary.

          There are only very limited reasons why your salary can be docked; however, you situation does fall under one of them.
          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


          • #6
            Originally posted by Cwew View Post
            Patty, it seems like you posted a link, but the link is broken on my side. Can you re-post the link, or type out the address
            http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

            Comment


            • #7
              Originally posted by cbg View Post
              If you are correctly classified as exempt, there are no circumstances whatsoever under which you are entitled by law to a single penny over and above your regular salary.

              There are only very limited reasons why your salary can be docked; however, you situation does fall under one of them.
              So from what I am understanding the law dictates Monday-Friday as the work week?

              Again, I'm not looking to make OT, or be paid more than my salary.

              I've read other posts on this forum that stated the law states you must be paid for a 1/2 day of work put in <partial quote from another post>

              Originally posted by Pattymd View Post
              As an exempt employee, she must be paid when she works a partial day, unless the partial day absence is intermittent FMLA leave. However, the law cares not a whit about how that is accomplished; you are certainly allowed to use time off in partial day increments. That's what it's for, after all....
              Does that not apply here because the partial day was Sunday?

              Thanks for the repost Daw.
              Last edited by Cwew; 02-20-2009, 11:33 AM. Reason: including Daw in post..

              Comment


              • #8
                So from what I am understanding the law dictates Monday-Friday as the work week?
                No, the law does not. The law defines the workweek as a 168 consecutive-hour period. The employer defines when the workweek starts.

                I've read other posts on this forum that stated the law states you must be paid for a 1/2 day of work put in
                That is correct, but only if that partial day is a regularly scheduled work day. Let's say your scheduled work days are Mon-Fri. You work half a day on Monday and full days Tues-Fri. Unless the absence on Monday is an FMLA-absence, you must be paid 1/5 of your weekly salary for Monday. That does not mean that the employer cannot charge your vacation or sick time for half a day.

                Apparently your manager wasn't authorized to do so, or he was overruled.
                Last edited by Pattymd; 02-20-2009, 11:42 AM.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment


                • #9
                  Originally posted by Pattymd View Post
                  No, the law does not. The law defines the workweek as a 168 consecutive-hour period. The employer defines when the workweek starts.



                  That is correct, but only if that partial day is a regularly scheduled work day. Let's say your scheduled work days are Mon-Fri. You work half a day on Monday and full days Tues-Fri. Unless the absence on Monday is an FMLA-absence, you must be paid 1/5 of your weekly salary for Monday. That does not mean that the employer cannot charge your vacation or sick time for half a day.

                  Apparently your manager wasn't authorized to do so, or he was overruled.
                  Yeah, the Vacation / Sick time for the 1/2 day isn't the concern, it was the whole day missing from my paycheck that knocked me back. I felt a little blindsided because of the situation.

                  Thanks for all of your input, even though it's not what I wanted to hear. At least I'll be educated for the next time.
                  Last edited by Cwew; 02-20-2009, 11:43 AM.

                  Comment


                  • #10
                    One last question concerning this whole terrifying enlightenment. Hah.

                    Does it matter that the 1/2 day for Sunday was employer mandated for travel?

                    Thanks and have a great weekend!

                    Comment


                    • #11
                      No, it doesn't. (You work how ever many hrs. your employer requires you to for your regular salary as an exempt salaried employee.)
                      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                      Comment

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