Salaried, exempt issue

[michele400]

What is the name of your state? PA

I work for a small company that insists that all employees, including salaried, exempt employees, show up at 8:00 and not leave before 5:00. Some of us have gotten approved to work 7-4 or 9-6, but again, the owners insist we don't show up even five minutes late. We don't get paid OT, which is understandable; however, if we need to take an hour for a doctor's appt or leave an hour or two early for any reason, they insist we dock our vacation or sick leave -- or if an employee has no vacation/sick leave left (which is common since it's picked away) they dock our pay. It's my understanding that's not legal. I work late almost every night by at least an hour, often work through lunch, yet had to put in for two hours vacation recently because I took my son to visit a college. I'd like to show the owners of the company something that backs up my belief that what they are doing is not legal.

Can anyone point me in the right direction? I've looked up the Fair Labor Standards Act, but am unable to navigate the website well enough to find what I need.

 

[cbg]

The ONLY part of your post that indicates illegality (assuming that you are correctly classified as exempt) is docking your pay in partial day increments if you are out of vacation and sick pay. Everything else that you mention is legal. Petty, but legal. BTW, if you have run out of vacation and/or sick time they CAN dock you in full day increments, even if exempt - just not partial day increments.

However, I can't point to the exact page in the FLSA that says so. Hopefully pattytx or mlane will have a link for you.

 

[pattytx]

I can.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.118.htm
See specifically, paragraphs (a)(2) and (a)(3).

 

[michele400]

So if I'm understanding this correctly, they can dock my vacation and sick leave, basically because they are not required to give me those to begin with. BUT, if I run out of sick and vacation, then they can only deduct my pay if I take a full day.

 

[cbg]

That is correct.

However, docking you is not the only form of discipline. No matter how many hours you work, if they are unhappy with the time you take off, you can be disciplined in any method they choose except for docking you, including firing you.

 

[michele400]

Thanks for the information. I really appreciate it. I can live with being fired -- I'm in a unique situation that I work because I want to work, not because I have to. Therefore, I feel I should be the one in the company to raise (or push) the issue in case it does come to my being fired. We have many, many excellent employees, and I feel they are all being treated unfairly -- but perhaps not illegally. I don't know that anyone has depleted their leave and then was docked pay. I do know that they will allow for a negative leave balance, which probably works better for the owners.

 

[xkmail]

Are you really a manager?

Are you sure you are a manager and fit managerts or profesionals duties as set out by law ?

 

[pattytx]

xkmail, an employee does not have to be an "executive" or a "professional" to be properly classified as an exempt employee. There is also the Administrative exemption and the Outside Sales exemption. We have no idea what the OP does.

And just for giggles, let me suggest that allowing negative leave balances is not a good move on the employer's part. In some states, and in some situations, it can be problematic recovering the "advanced wages" from the employees final check, especially for exempt employees. In my consulting days, I always recommended against this policy.