A Twist on Forced Vacation for Exempt EEs

[partiallypeeved]

That raises an interesting point - what happens when there's a daily shortage that needs to be filled, but no more vacation time to draw from. Has the employer suggested (verbally, in writing) what they would do in this case?

I actually considered testing that theory as 2006 drew to a close, but I was trying to mentally put the whole righteous indignation thing behind me.

 

[partiallypeeved]

In any event, I think finding a new job is still the simplest solution.

Agreed... Unfortunately, I like what I'm doing, I like the client I'm working for, and my non-compete would keep me from being able to jump ship to another firm. And even though the engagement is long-term, it is project work and it's fairly specialized, so there's no chance of getting hired by the client.

On the plus-side, the non-compete doesn't prevent me from hanging my own shingle, but I am paying two mortgages because I still haven't managed to sell my pre-marriage house, my wife went back to school full-time in 2006, and I don't have her income and health insurance to fall back on.

 

[partiallypeeved]

OP - as you can tell, we've had lively discussion on this thread. Where I disagree with some of the other posters is in the interpretation of FLSA in regards to exempt position.

My take is that if you are "exempt", they do NOT have to pay you overtime. I can agree with the other poster with that. in FLSA, they MUST pay you for working, not just for being 'billable'. Read thru the posts and then seek an employment attorney.

Thanks for the info Ginny J, and to everyone else who weighed in.

I saw many of the same FLSA and WI DWD excerpts when I was digging around on my own last year. But nothing seemed to address billable time vs. non-billable time -- hence, the "twist" in my thread title.

I guess I gave up the ghost when I came to the conclusion that even if vacation time is considered compensation and I was losing vacation time, they weren't paying me any less money, so I wasn't losing compensation - it was just coming from a different bucket.

Still, not having found anything that specifically addressed billable vs. non-billable time, the issue was still gnawing at me and I figured I'd take a shot in this forum.

Again, thank you all for weighing in.

 

[pattytx]

I can't imagine that such an approach is very common.

Nope. In my 30 years in Payroll, Payroll Management, and consulting, I've never heard of such a policy.