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Pay for Time Worked

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ritaturk

Junior Member
What is the name of your state? I live in Florida. This is kind of complicated as I went from full time exempt (35 hours) to part time exempt (20 hours a week or 40 hours a pay period) in July 2005.During this past pay period South Florida was hit with Hurricane Katrina. Due to the storm the organization that I work for was closed for 3 days- Thursday & Friday of the storm and Monday of the following week. Since my schedule is supposed to be flexible, I came into work on the WEdnesday, Thursday and Friday of the 2nd week giving me my time worked that week. In the 1st week I worked Monday and Wednesday. In total I worked 5 days out of six in a 2 week pay period. My company only paid me for 2 or 3 days. I cannot get an actual answer from them. The policy here is that aprt timers do not get paid when there is a Holiday or a closing. I am not refuting this. As my schedule is supposed to be flexible, I believed I would get paid for the 2nd week because I worked the 3 days for a minimum of 21 hours. Am I entitled to pay for time worked or do I just work for nothing that week. Please understand that I do send a schedule in at the beginning of every month with the understanding that it may have to change due to deadlines, meetings, etc. I really need to know if I can take this further.
 


Beth3

Senior Member
If you are still an exempt employee and not being paid on an hourly basis after you went to part-time status, then exempt rules still apply - which is that you must be paid your regular weekly salary regardless of the number of hours you work in that week (there are a few exceptions that don't apply here, such as taking a full day off for purely personal reasons.) Even if you just work one day in any given week and the place was closed for the balance of the week due to the hurricane, they would still have to pay you your regular weekly salary.

If your employer refuses to pay you in full for those two weeks, you can contact the federal Department of Labor and file a complaint.
 

ritaturk

Junior Member
Thanks for your help. I was told today that I would be paid. Too bad the collegiality and good work relationships are forever destroyed. Companies and organizations need to be sure of the labor laws before they make decisions.
 

Beth3

Senior Member
Companies and organizations need to be sure of the labor laws before they make decisions. In a perfect world, that's true but you may want to cut your employer some slack. Thre are a LOT of employment laws at both the State and federal level, each year there are a number of changes to some of them, and it can even occur that a State and a federal law that addresses the same matter are in conflict with one another. (It's always fun when that happens.)

The FLSA (the law that dictates how exempt employees can be paid) is actually pretty complex. If your employer doesn't have a comp expert on the payroll, either a senior payroll or HR person, it's easy enough to make an error. To say Katrina has resulted in a lot of stress for a lot of people is a huge understatement. At least your employer voluntarily fixed it once they realized they were in error.
 

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