Exempt vs. Non-Exempt Salaried

[n4gix]

What are the criterion for determining whether one is considered an "exempt" or "non-exempt" salaried employee? I have worked for 17 months for my employer, and have often worked more than 40 hours/week, but there have been no provisions for recording my work times until recently. I was *not* required to "clock in/out" on the company's computer system, nor was I required to fill out any type of "weekly time log". Up until the week of Thanksgiving, I've not missed a single day of work without authorization: one week of paid vacation and one week of non-paid leave. On Thanksgiving evening, my car was rear-ended by another car, but because there was no damage, I declined to report the incident to the Police (I was cold, tired, and wanted to go home). However, when I struck my head on the garage door opener clipped to the sunvisor, I did receive a rather superfical, but bloody gash. Because of the resulting headache, I took some medication and slept through the night and all of the following day. Because I failed to call in, my employer withheld pay for that day (Friday) as well as the "holiday pay" normally given. Because I'd never had to account for my time, I'd assumed that I was an "exempt salaried employee", receiving comp-time in leiu of overtime pay. Now, suddenly my employer has informed me that I am an "non-exempt employee", not elgible for comp-time credit (which had been given previously), and must complete not only a weekly time-sheet but use the computer timeclock as well. This is his justification for "docking" my paycheck for the two days, but since there was no record keeping done previously, it is now impossible to make claim for overtime that had accrued over the last 17 months! Are you confused yet? I sure as heck am!!!

Thanks for any help, advice, etc.

 

[buddy2bear]

Exempt or non-exempt should have been straightened out when you started working there. Since you didn't keep any records of you time in and time out, then it is just your word against theirs. However, since you now have to punch in, I am sure that you can recoup the lost 2 days by getting paid overtime when you work overtime (there is always more than one way to skin a cat)-- you understand what I'm saying? Just make sure you are really working the overtime.