Rules Defining Salaried Employee

[Frank]

I am considered a salaried employee. There are many times when I work OVER 40 hours and I get paid for 40 hours. I do have an hourly wage so my "salary" is the hourly wage times 40. However, if I have to take 2 or 3 hours off for an appointment such as dentist, doctor or whatever I am docked that time from my pay. If I have to leave an hour early to pick up my child because he or she is sick at school I am paid for 39 hours. I don't understand how that can be considered "salaried" employee. Please help me understand exactly how this works; I am so confused!

Thank you for your time. I really appreciate it!

Sincerely,

AnneMarie

[Dosne]

AnneMarie,

In short,  what you describe above is the poster child for  "overtime violations" and fair labor standards act issues.   

I can make 100 assumptions, and explain all the nitty gritty details of how it all works with FLSA and overtime and wage and hour, but the bottom line is what you explained is clearly a violation issue.  Your employer may not know this and may have never intended to do any "harm".   In fact, most employers are very good, but are poorly prepared to understand and implement policies and laws that could get them in trouble.     It is FOREVER the employer's responsibility to know the laws that apply to their workplace, no excuses.. Whether you report this issue to a local wage and hour  office- or department of labor office in your state(?) is up to you.   What would happen if you did is the Dept of Labor would come in, investigate your claim anonymously and then decide if back pay is due to you for the last two years-  also anyone else this has happened to  in the same situation as yourself.

At a minimum,  your employer should be made aware of this and fix it-  and agree on his/ her own to pay you for any monies that are owed to you- whether or not you call in the state to investigate.   

As far as you being "salaried",  anyone can be paid a salary ... it is whether overtime should be paid and how those hourly employees track and record their work hours for payment.  Also,  we need to look at the Fair Labor Standards Act to understand if your pay and the kind of work and responsibilities you have would allow the employer to pay you a salary without regard to overtime.   So,  even as a salaried employee who is ALSO entitled to overtime- like you are,  you MUST be paid the same salary week in and out and NOT have it docked for missing time.    If you are not completing a timecard to document your worked hours each week, which I bet you're not, then that is another violation of the Dept of Labor.

However you slice it,  you really do have alot going on here with this employer.   Wage and hour, and your situation as an "employee"  is very complicated so it isn't something that can be answered in a paragraph.  So, I'll ask- what would you like me to discuss.    If you prefer, look me up and contact me,  otherwise, reply to this email with your follow up questions.

Sincerely,

Brian Phillips

Harvis Human Resources and Outsourcinghttp://www.HARVIS.org