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Unexcussed absences
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Unexcussed absences
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
How do you "charge" a salaried person (non-exempt)when they do not show up for work, have used all their vacation/personal days? The same question is asked for a "salary exempt". Also what is the diff
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Forums » Topic Forums » Legal Forum » Unexcussed absences
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Unexcussed absences
posted at 7/6/1999 8:32 PM EDT
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Posts: 1
First: 7/6/1999 Last: 7/6/1999 |
How do you "charge" a salaried person (non-exempt)when they do not show up for work, have used all their vacation/personal days? The same question is asked for a "salary exempt". Also what is the difference between salaried and hourly pay? I am new to this and what I have found from the Web and DOL is confusing. Also I am trying (In vain I might add) to get the administrators to classify each job to fall into the right exempt and non exempt catagory. The owner does not want to pay overtime, so everyone has been classified as salary exempt. Since we have people that are at job sites up to 75 miles away,(troubleshooters, helpers and technicians) they don't return until sometimes after 7pm, if we class them as non-exempt they will be making some hefty overtime. What do we do? |
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Unexcussed absences
posted at 7/6/1999 9:27 PM EDT
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Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
Pay them correctly. Overtime is nothing compared to the back overtime, interest, and discretionary penalties imposed by the Wage & Hour people, whose job it is to make sure exemptions are not used to avoid overtime.
Contact the USDOL and ask for WH Publications 1281 (Exemtions terms defined), 1262 (Interpretive bulletin on OT), and 516 (Records to be kept under FLSA). They can help you understand. Also, you mentioned technicians, etc.: there is a salary exemption for "hi-tech" positions in computer/software fields. Since you have multiple facilities, you may also want to check the WEB or your local DOL for info on the "Portal-to-Portal" Act. Your people may be "on the clock" on the way to other facilities. Take it from one who's been there. You don't want to experience a OT complaint. |
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Unexcussed absences
posted at 7/6/1999 9:31 PM EDT
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Posts: 833
First: 6/11/1999 Last: 8/23/2001 |
..and I notice I didn't answer the original question. Salaried people aren't allowed to be "docked" or the exemption is gone (retroactively, I might add); those without earned time left and who are absent should be handled under your disciplinary procedures for attendance. You may not be able to cut their pay (other than for first- & last- week, or certain FMLA situations) but you can certainly require they show up for work if out of earned time, or subject them to whatever your discipline practices are.
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Unexcussed absences
posted at 7/7/1999 1:07 AM EDT
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Posts: 434
First: 6/14/1999 Last: 4/25/2001 |
Jim's advice is well founded.
If you have troubleshooters, helpers and technicians that are classified as exempt, you have a truly major problem on your hands if these are folks who really should be considered hourly or non-exempt (synonymous terms). If your "exempts" miss a few hours of work, you can deduct time from their vacation pay or sick pay to ensure that they receive their full week's salary. If they miss a whole day, then you can deduct a whole days worth of "salary". If they're hourly (or non exempt), then you can either not pay them or you can apply sick/vacation time to the absence. I am very concerned, though, that your owner wants these folks classified as exempt simply to avoid paying overtime. This is a common reaction, but you need to get to the owner and explain the laws and the consequences. If that doesn't change his/her mind, then you best be prepared for an excruciatingly painful and costly experience. |
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Unexcussed absences
posted at 7/11/1999 8:12 PM EDT
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Posts: 2217
First: 6/16/1999 Last: 12/13/2001 |
Let me add to the accolades for Jim. To formalize his response to your specific question a bit, in order to be FLSA exempt (executive, administrative or professional), an employee must be paid on a "salary basis." This means that the employee receives each pay period a predetermined amount which is "not subject to reduction because of variations in the quality or quantity of the work performed." Of course, salaried employees do not have the right to disregard your absence control policies-- if the problem persists, you may treat it as a disciplinary issue and handle accordingly. |
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