salaried employee question

[lovinmaryland]

If you are a salaried employee (in MD), is it true that your check can not be deducted if you miss time from work up to a full day. (if you have used all your vacation/sick time)

 

[kwillia]

If you are a salaried employee (in MD), is it true that your check can not be deducted if you miss time from work up to a full day. (if you have used all your vacation/sick time)

Not necessarily. Because if you are salaried... you are "exempt" from the labor laws because you are classified as a "professional" and they don't have to follow that rule if they don't want to.

 

[Pete]

Not necessarily. Because if you are salaried... you are "exempt" from the labor laws because you are classified as a "professional" and they don't have to follow that rule if they don't want to.

Not true, you are exempt from overtime laws, that is all.

 

[lovinmaryland]

Not necessarily. Because if you are salaried... you are "exempt" from the labor laws because you are classified as a "professional" and they don't have to follow that rule if they don't want to.

Now see I thought it made me exempt from overtime, not took away my labor law rights. That seems odd to me

 

[kwillia]

Not true, you are exempt from overtime laws, that is all.

I have worked for 6 different contracting companies over the last years and all I know is that as a salaried employee, the companies are not required to pay you a full payperiod worth of money if you don't put the hours in either through billable, leave or overhead. Explain that, please.

 

[kwillia]

Now see I thought it made me exempt from overtime, not took away my labor law rights. That seems odd to me

Pete is saying that I mis-stated the meaning of "exempt", but I'm sure he will rephrase using the appropriate wording. All I know is the companies have some sort of out for contractors that let them not have to pay you if you work less than the normal amount of time in a payperiod.

 

[FastCarsSpeed]

It really depends on the company. If you miss too many hours say in a quarter then they can possibly make you take LWOP (leave without pay).

 

[Pete]

I have worked for 6 different contracting companies over the last years and all I know is that as a salaried employee, the companies are not required to pay you a full payperiod worth of money if you don't put the hours in either through billable, leave or overhead. Explain that, please.

I can't because that is not what you said. You said "exempt employees are exempt from labor laws" which is not true. Exempt employees are exempt form overtime and minimum wage requirements but all other laws apply. And that is a fact no matter how many contracting companies you have worked for for the last 100 years.

Google FLSA. It explains exempt and non exempt quite well going all the way back to 1939 when it was written.

 

[lovinmaryland]

Pete is saying that I mis-stated the meaning of "exempt", but I'm sure he will rephrase using the appropriate wording. All I know is the companies have some sort of out for contractors that let them not have to pay you if you work less than the normal amount of time in a payperiod.

I have been having issues at work and a mutual friend of mine told me that it was maryland law that as long as i did not take the full day off i could not be docked/deducted any pay because i am a salaried employee, but if i had sick,personal, or vacation time he could take it from there but not my check. I ended up using all my time when i had my baby.

 

[Pete]

Rights of exempt employees.

An exempt employee has virtually "no rights at all" under the FLSA overtime rules. About all an exempt employee is entitled to under the FLSA is to receive the full amount of the base salary in any work period during which s/he performs any work (less any permissible deductions). Nothing in the FLSA prohibits an employer from requiring exempt employees to "punch a clock," or work a particular schedule, or "make up" time lost due to absences. Nor does the FLSA limit the amount of work time anemployer may require or expect from any employee, on any
schedule. ("Mandatory overtime" is not restricted by the FLSA.)

Keep in mind that this discussion is limited to rights underthe FLSA. Exempt employees may have rights under other laws or by way of employment policies or contracts.

 

[kwillia]

I have been having issues at work and a mutual friend of mine told me that it was maryland law that as long as i did not take the full day off i could not be docked/deducted any pay because i am a salaried employee, but if i had sick,personal, or vacation time he could take it from there but not my check. I ended up using all my time when i had my baby.

Your company's rules on payroll are required to be published and clearly documented. I am willing to bet your handbook tells you exactly what to expect. I am also betting that you are going to be required to take "leave without pay" for the hours you are short. FYI... taking too much "LWOP" without authorization is grounds for dismissal.

 

[kwillia]

Exempt employees may have rights under other laws or by way of employment policies or contracts.

And I do believe that it is exactly this sentence that also gives the companies an out because if they write the "LWOP" into documented policy, than that is what you agreed to upon being hired.

 

[lovinmaryland]

Your company's rules on payroll are required to be published and clearly documented. I am willing to bet your handbook tells you exactly what to expect. I am also betting that you are going to be required to take "leave without pay" for the hours you are short. FYI... taking too much "LWOP" without authorization is grounds for dismissal.

Never got a hand book or anything so i guess its a little late they can make the rules now as they go correct. About two weeks ago they made it seem like i wasn't allowed to take anytime off if i didn't have any vacation/sick/personal leave.

 

[kwillia]

Never got a hand book or anything so i guess its a little late they can make the rules now as they go correct. About two weeks ago they made it seem like i wasn't allowed to take anytime off if i didn't have any vacation/sick/personal leave.

Ask for a copy of your employee handbook. Question, how often are you expected to work over a 40 hour week without extra pay?

 

[lovinmaryland]

Ask for a copy of your employee handbook. Question, how often are you expected to work over a 40 hour week without extra pay?

All the time it seems

my boss has been pretty cool up until these past few weeks. I know i make good money here and get really great benefits but the sh*t that has happened really has me irate.

 

[kwillia]

All the time it seems

my boss has been pretty cool up until these past few weeks. I know i make good money here and get really great benefits but the sh*t that has happened really has me irate.

I have seen employees be let go because they can't fulfill their obligation of being at work. You aren't giving enough info for anyone to help you come to the conclusion of whether you are taking advantage of the company or whether the company is taking advantage of you. So, you need to focus on whether or not you are living up to the expectations that they layed out when they hired you. If you aren't, than you may very well be giving them reason to let you go. No judge is going to expect a company to pay an employee a full-time salary if they aren't a full time employee...:shrug:

 

[aps45819]

I have been having issues at work and a mutual friend of mine told me that it was maryland law that as long as i did not take the full day off i could not be docked/deducted any pay because i am a salaried employee, but if i had sick,personal, or vacation time he could take it from there but not my check. I ended up using all my time when i had my baby.

I'm exempt, and I get paid for the hours worked which are billed to the customer according the the contract charge numbers I put on my weekly time sheet. If I'm not there and charge hours to a customer, it would be fraud.

 

[wileyCoyote]

I'm exempt, and I get paid for the hours worked which are billed to the customer according the the contract charge numbers I put on my weekly time sheet. If I'm not there and charge hours to a customer, it would be fraud.

Our policy also allows for overtime if you meet the requirements and it is authorized ahead of time (and good luck with that). I know other people that work for companies that don't bill out hours like that (non-gov) but still have their exempt employees punch timecards.

 

[budman473]

I have been having issues at work and a mutual friend of mine told me that it was maryland law that as long as i did not take the full day off i could not be docked/deducted any pay because i am a salaried employee, but if i had sick,personal, or vacation time he could take it from there but not my check. I ended up using all my time when i had my baby.

Why would you expect to be paid for a full pay period if you did not either work the full time during the pay period or used leave to offset the hours not present. You not having leave does not require your employer to pay you for time not at work I would bet your employer has a signed form in your file saying you read the employee handbook that contains all the leave and work time information. I hope for your sake that your mutual friend is not going to be your legal represenatation if you challenge your employers ruling.

 

[Chasey_Lane]

I have worked for 6 different contracting companies over the last years and all I know is that as a salaried employee, the companies are not required to pay you a full payperiod worth of money if you don't put the hours in either through billable, leave or overhead. Explain that, please.

If you miss a full day, your employee can deduct the time from your leave. If you miss 1/2 day, they are still required to pay you a FULL day. I could come into work for .5 hours each day and I would STILL get my FULL salary.

FYI, there is a difference between WAGE & LABOR laws.