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"Offset Hours" IL Employer Says Illinois

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  • "Offset Hours" IL Employer Says Illinois

    I wanted to get a 2nd opinion on a situation that just happened with my current employer...I know the laws, but want to ensure it before I respond to my employer. I am a part-time HR Generalist (Manager, essentially) that is paid hourly. I believe I am on non-exempt status because I don't make "executive" decisions/discretion on the things I do. I give information to ownership and they make the final decisions. I have some discretion in how I go about my job, granted, but I don't make final independent decisions without ownership approval.

    I work 30 hours a week, but was told that I should work 25-28 hours (I believe because our new employee handbook states anyone who works 30 hours or more will get PTO...which up to this point I don't get any benefits). I also was required to go to after hour meetings (sometimes on my normal days off) and was being paid for them. Oddly enough, this last Sunday I had to go to a 7 hour meeting (not counting the 1 hour in travel time to/from the meeting place) on my day off and the owner told me that I have to "balance [my] hours this week to stay within the target range [25-28]." So, essentially from now on I have to "offset" my hours to keep in my new range. In our employee handbook it states that employees are paid to/from and during training/company meetings. The owner sees it as they are paying me the time, but let's say some day during the week I just don't work (which is unpaid because I don't get PTO)...he feels justified.

    I believe this is illegal to do & want confirmation that it is. Should I just tell ownership like it is? They aren't very sensitive when it comes to employee relations, etc.

    Thank you!

  • #2
    Well, you are nonexempt because you are paid hourly; with your job duties, you would have to be paid a guaranteed salary of at least $455/wk in order to meet the criteria for exempt status.

    The employer doesn't have to allow you to work more than whatever hours they want you to work. If that means leaving early later in the week so that you don't go over 28 hours (or whatever the number is), they can certainly do that.
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    • #3
      Agree with Patty. What the employer is doing is NOT illegal.
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      • #4

        Unfortunately what your employer is doing is well within his or her rights as stated by the Fair Labor Standards Act, and Fair Pay. It is lousy, but not illegal.
        Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

        I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.


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