FLSA Question / Advice?

Question

My wife is a sallaried employee (exempt) for a large, private company. Her employer requires her to clock in and out and tracks her hours. Because she is an exempt employee, she cannot accrue overtime. There are two issues with her employer that she has encountered:

#1  She worked 86 hours during a pay period (2 weeks) and left early one day (a total of four hours) for a doctor's appointment. She was capped at 80 hours for the pay period (normal for an exempt employee). She was then assessed 4 hours unpaid personal time. The result was that her paycheck totalled 76 hours for the pay period.

#2  She worked 78 hours in a pay period (2 weeks). Remember, because she is an exempt employee, she is capped at 80 hours. Her employer closed the office one day for a holiday, however docked every employee 8 hours for the day, making them take unpaid personal time. The result is that although my wife worked 78 hours, she was paid for only 72 hours in that pay period.

QUESTION: From an HR course in my MPA program, I remember that #2 for sure violates FLSA. I'm not sure about #1 however. Please provide any insight you can on this and any references she may use in her defense regarding FLSA.

Thank you in advance!

lcr000 · Accepted Answer

you better check again the FSLA actually contradicts it self regarding sick and Personal time, the bottom line is employers do not have to pay if the employee does not work, while it is customary in some companies to pay exempt employees no matter what there is no law that compels them to do so, the only case you may have the deduction of the 4 hours, in the my state if an employer deducts a partial day from an exempt employee the employee must be paid hourly for that week which usually ends costing the employer more than if they paid them the 40 hours, also making her clock in and out is policy there is no law that prevents the employer from tracking any ones hours salaried or not

Betsy · Answer

1 also violates Federal wage and hour laws.  If she had missed an entire day, then there could have been a reduction.

This article mentions the five circumstances that permit a deduction from an exempt employee's pay.  Missing part of a day isn't one of them.

http://hrhero.com/hl/articles/2009/11/13/beware-deductions-for-lost-or-stolen-property-from-exempt-employees-pay/

? · Answer

first FLSA does not conceal all employers, many times all FLSA covers is employers who've gross sales that exceed $500,000.00 a 365 days, are an interstate organisation, are a well being care provider, a school, or government organization.... there are additionally diverse jobs that are exempt from time beyond regulation or minimum salary or the two.... you besides might might desire to contemplate in case you're in reality making what's needed under your state rules, do you're making a minimum of minimum salary and the suitable time beyond regulation for the hours you extremely artwork? if so you're non-exempt and are paid properly.... so are you particular FLSA applies? are you particular you're actually not exempt? in case you're non-exempt are you particular you're actually not being paid properly? in case you are able to say particular to the two questions have an prolonged, open, straightforward, communication with your organisation approximately your concerns and in the event that they are actually not addressed you document a salary declare with the state branch of hard artwork and if state rules are actually not violated document a grievance with the US branch of hard artwork.... in case you document a salary declare you would be secure, and no organisation might hearth an worker under such situations without an iron clad documented reason....

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FLSA Question / Advice?

3 Answers