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Im a salary why do I have to fill out hourly time off???
Career / 11:08 AM - Friday January 29, 2010

Im a salary why do I have to fill out hourly time off???

Anytime I go to the dentist, or have to take a couple hours off for whatever reason, I either have to take vacation/sick time or I have to make up those hours. Is this legal?

Update: January 29, 2010.
hmm, thats not what I thought... I thought that the salary employee, if he/she worked more than 4hrs for the given day, and had to take time off for the dr, that the time didnt count towards my sick/vac time. the theory being that I have made up that time in previous day/weeks (and believe me i have) by working OT (and not being paid any more for it). I dont see how a company can have it both ways, either I'm salary or hourly...if you are accounting for every hour then I'm a hourly employee, if you are accounting for the days then I'm salary. Doesnt seem fair that I can work 50 hrs one week, and the next week have a dr appt and have to account for the 2 hrs spent at the drs office.

- Asked by sherocks, A Creative, Female, 36-45, Dallas, Internet / New Media

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No, its not legal. If they count your time, hours by hours then you are an "hourly" employee and MUST be paid for time and a half for any extra hours you are required to work.

An "exempt" employee is paid a MONTHLY salary and given ASSIGNED TASKS to do. The exempt employee is allowed legally to arrange hours to accomplish the assigned tasks. He or she is not counted with a time clock. That makes him or her an "hourly" employee.

Many employers try to game the system by calling their hourly employees "exempt" because it means that they are "exempt" from the overtime laws. Time and a half for work over 40 hours per week.

You need to phone the DOL Wage and Hour division. They are always looking for good cases to make their quota. You have a classic open and shut case of illegal wage non-payment. Your work over 40 hours must be paid at time and a half, including all the prior work hours. The DOL will not tell which employee reported or even that it was reported by an employee. Their investigation will fine the company and make them pay back pay to all employees.

- Response by greenwind, An Intellectual Guy, Male, 56-65, Construction

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In my state, it is. I would go to the website of the labor board for your state and check just to make sure. My VP never made me do that, though. She knew I would make up the hours, well, because I was a hard worker and because, after all, the work STILL has to get done!

- Response by myndseye711, A Cool Mom, Female, 29-35, Managerial

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Community Rating: Community Star

If you aren't putting in the required hours for your salary, yes you do...

- Response by juandontbeg, A Career Man, Male, 36-45, Self-Employed

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It's pretty standard, yes.

- Response by trawna, A Career Woman, Female, 46-55, Toronto, Consulting

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well, salary is based upon hours still, so... It's still a pain.

- Response by geester, A Creative, Male, 56-65, Celebrity

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When you are Salaried, it doesn't mean you don't have a set amount of sick or VAC time. No matter what, you always have to account for time off. You have to account for it so that it's known when you reach the limit and anytime taken over the limit, will come out of your pay. Salaried only means you have a flat rate pay that's not based on how many hours you work. But it doesn't affect time off.

- Response by thottienc, A Career Woman, Female, 36-45, Who Cares?

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Companies have to keep their books in order, especially if they bill clients on an hourly consulting basis.

If you are working over time, surely you can put time off against it?

If not -- talk to the company about a lieu time arrangement.

- Response by trawna, A Career Woman, Female, 46-55, Toronto, Consulting

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it always works to the advantage of the company.

i am a salaried employee, but i must log at least 40 hours a week. i also have to clock out for lunches, appts, and whatever. I am alloted a certain amount of PTO days for the year and regardless of what I am away from work for (sick, vacation, personal time) I get charged a pto day.

So like you, i have to use my vacation/sick time for appts.

- Response by kungfudewd, A Career Man, Male, 36-45, Who Cares?

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If it's in your contract, I would assume you do.

Some companies are strict like that.

- Response by hands, A Creative, Male, 46-55, Hong Kong, Who Cares?

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Yes. You still have to complete a request for time off. Salary means you are exempt from overtime pay. It also means that if your company were to reduce your hours, they would still have to pay your full salary. It does NOT mean that you can voluntarily work fewer hours (dr appt or any other reason) and still receive a full salary without using sick or vacation time.

- Response by chessplayer, An Intellectual Guy, Male, 36-45, Administrative

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