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if not now, when? if not us, who?-jfk

Is 'EXEMPT EMPLOYEE' the equivalent of ' ROCK and a HARD SPOT???

Is it legal for an exempt employee to work 40+ physical hours in a week, and still be docked for 'benefit time' (sick, vacation)? Example-

Mon: 10 hours worked

Tues: 10 hours worked

Wed: out of office-personal time called in

Thurs: 8 hours worked

Fri: 10 hours worked

Sat: 4 hours worked (Saturday ends the pay period for payroll purposes)

Total PHYSICAL hours in the office: 42 in the same work week

MY Position: I get paid for 40 hours only as an exempt employee by common acceptance of the 40 hour work week. (if i'm ALREADY wrong--just tell me now and let me cope lol) So by Saturday, I've already worked 2 hours for free. So by deducting 8 hours from my accrued (read: EARNED by YEARS of working) /BENEFIT time, I'm technically having my pay REDUCED by a full day. Yes? No?

QUESTION: Can my employer still force me to use 8 hours of accrued 'benefit time' for the 8 hour shift missed on Wednesday if I am a regular EXEMPT fulltime employee?

QUESTION 2 (just came to me--be patient with my deficient attention span) can an employer mandate overtime-and if so, must notice be provided or discplinary action taken for failure to work said mandated OT?


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107 helpful answers

If you are truely an Exempt employee than you can forget all your arguement.  exempt means exempt.  There is no "40" hour work week, there is a job that has to be done and your employer is paying you to get it done.  Many exempt employees work 60 or more hours per week.  It's part of the job.  Some employers will pay exempt employees overtime, but again exempt is defined as not covered by the rules of the FLSA rules.

 

if not now, when? if not us, who?-jfk

Thank you for your answer. I would appreciate some clarification though. My debate is not that I did not get PAID more for the hours, but that my vacation time was docked. So is it a matter of had I gone into the office for any amount of time, THEN my vacation bank could not have been taken?

Posted 2009-06-28T04:35:35Z
 
107 helpful answers

This may be more of a contractural question, but I'm thinking the floolwing.  If you took off from work the time would have to have been taken from some place.  Your employer only had vacation to take from so they did.  In some companies they have sick time, personal time, holiday time etc.  The companies I'm familure with would have taken vacation time since the other days weren't granted.  Some times for good reasons (maybe dr. appointment) they just granted me the partial day to take care of an important issue.  Of course my job still had to be done which meant I might have worked extra hours or Saturday.

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