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Author Topic: Anyone familiar with US FLSA?  (Read 2722 times)

Elysiana

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Anyone familiar with US FLSA?
« on: 11 Jul 2012, 12:07 »

(Fair Labor Standards Act)
I know this is a long shot but thought someone here might be able to answer a few questions about exempt employees on salary - NOT hourly employees. Or, can you possibly point me in the right direction? I don't know how much of this can be "per the employer" and how much is covered federally or at a state level.

Let's say a person is out on Monday, but then works a total of 52 hours on Tuesday-Friday. Can the employer force them to use a PTO day for that Monday?

Let's say a person works 80 hours one week, and then the next week they only work 32 hours. Can the employer force them to use a PTO day OR dock their pay 8 hours that week?

Let's say a person has a doctor's appointment and comes in 1.5 hours late one day, but still puts in 40 hours that week. Can the employer force them to use 4 hours of their PTO because they only do half or full days' worth of PTO?

Let's say there's an unpaid holiday and the office is closed, but everyone has the choice of whether or not they work that day - if the exempt, salaried employee does not work that day but works the rest of the week (32 hours) can the employer force them to use a PTO day OR dock their pay 8 hours that week? What about if they put in 40 hours for the rest of the week? What about 60?
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Elysiana

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Re: Anyone familiar with US FLSA?
« Reply #1 on: 11 Jul 2012, 13:38 »

Note: we did find out that the handbook (which they apparently revised in Nov 2011 and never notified anyone?) gets them out of the holiday thing. They have to work 5 days that week.
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jwhouk

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Re: Anyone familiar with US FLSA?
« Reply #2 on: 11 Jul 2012, 15:19 »

Once upon a time I would have known, but then I no longer know what my FLSA status is as a wage slave for the State of Wisconsin.

If the 52 hours are worked beyond the eight hours used at the beginning of the week, I don't believe the employer can force them to use PTO - unless it would effect the number of hours of OT the person would be credited for the week (between regular and premium OT).

I'm not familiar enough with varying work schedules to ask how you would do it IRT use of PTO/vacation/sick leave, but I know the SOW generally frowns upon overloading one week in favor of another. Our rules essentially limit it because of limits on switching shifts.

As for holidays - if your workplace is closed on the day of the holiday, you may be required to use PTO but - depending on the language of your state's labor laws - you would still receive holiday pay for that day.
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Re: Anyone familiar with US FLSA?
« Reply #3 on: 11 Jul 2012, 18:49 »

From the little bit I know, I know that if you're salaried you probably have "exempt" status. The exempt stands for you being exempt from fair labor laws. I'd check with someone more knowledgeable though.
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jwhouk

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Re: Anyone familiar with US FLSA?
« Reply #4 on: 12 Jul 2012, 07:55 »

Now that you mention it...

Non-exempt are employees that work a set schedule for a set hourly pay rate.

Exempt employees do not work a set schedule, receiving instead a monthly or bi-monthly paycheck - but are required to be at work at certain hours of the day/days of the week.

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Elysiana

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Re: Anyone familiar with US FLSA?
« Reply #5 on: 12 Jul 2012, 09:20 »

Right - however, FSLA seems to suggest that no matter how many hours are worked in a day, they cannot DOCK your pay. They can reprimand you or take disciplinary action, but they can't dock you 4 hours of pay because you were 1.5 hours late one day... especially if you worked more than 40 hours the rest of the week. If I understand it correctly, that is.

I'm not sure if it's worth looking into all this - none of it has affected me directly (yet) but it does affect those I work with.

Even if it's not protected by law, it's still a crappy way to run things. Essentially we're called salaried, but we work like hourly employees if it benefits the company.
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Redball

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Re: Anyone familiar with US FLSA?
« Reply #6 on: 12 Jul 2012, 09:33 »

I'll raise your questions with the HR lady at a local nonprofit in the next few days. I'll be tentative about it, because I'm president of the nonprofit's board, a little reluctant to ask personal favors. In a former life as a newspaper reporter, I might have asked my state's labor department's wage-hour division.
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benji

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Re: Anyone familiar with US FLSA?
« Reply #7 on: 12 Jul 2012, 09:48 »

I have a friend who's got an MA in HR management. If I remember, I'll ask her when I see her next.

Generally, I think it comes down to whatever the contract says.

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Elysiana

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Re: Anyone familiar with US FLSA?
« Reply #8 on: 12 Jul 2012, 10:39 »

From what I can find online, it'll depend on the state too. Our company is based in a different state than where we work, so I'm not sure which one's laws would apply.

Also, I thought "exempt" just meant you're exempt from getting overtime - not from the fair labor laws entirely. There are labor laws that apply specifically to those with exempt status... right?
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Redball

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Re: Anyone familiar with US FLSA?
« Reply #9 on: 12 Jul 2012, 10:48 »

I'm pretty sure that's correct. Laws of the state you're in would apply, I think. And a quick reading suggests that Alabama may not have much regulation. I suppose that means federal law would apply, but I don't know.
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