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I am salaried but treated hourly, also my rights?

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hixtreme45600

Junior Member
I live in New Jersey (Atlantic County)....
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I work for a Casino, in Atlantic City. According to my employer I am in "salaried" position, and I am also "Considered" a supervisor. (title wise).

However, depending on their mood, if we work "Extra Hours" from our normal hours... we sometimes get the extra pay (regular hour pay, not overtime)... Sometimes they give us comp time... and sometime they will say "your not getting paid, because your salaried". It is so stupid how they make this happen. Plus there are times, where if I leave early, they doc my check (detect 15 minutes or more). Sometimes when I call out... I only get paid for the hours I worked... now if I am salaried shouldn't I get 40 hours regardless if I call out???? We don't get supervisor pay, we don't get supervisor benefits what ever they may be.


Second Question - Do I have the right to ask my employer for my job description paper? (Detail of what I am suppose to do, under my job title).

Also do I have the right to look at my personnel folder?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


pattytx

Senior Member
"Salaried" and "hourly" are merely pay methods. It sounds like, as a supervisor, you may very well meet the criteria for exempt status, probably under the Executive classification.
http://www.dol.gov/whd/regs/compliance/fairpay/fs17b_executive.pdf

The employer is never required to pay for "extra hours", give "comp time" or any other benefit/perq for exempt employees working extra time. However, by docking your salary for a tardy or "leave early" (unless the partial-day absence is an FMLA situation), they are violating the requirements of the FLSA for salaried exempt employees. You should read this entire regulation.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm

Yes, you may ask for a copy of your job description. They do not need to supply it, however, unless it is part of your personnel file AND state law requires that you are entitled to review your file and get copies of documents in it (and that, I don't know; cbg will know when she gets here).
 

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