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!

Anonymous · Accepted Answer

Very simple answer. First, federal law says hours are tracked by the week not two weeks. So all this 80 hrs is BS. It's 40 hour weeks, nothing else no exception except nurses, cops, or firemen. Next, If they keep track of hours and pay by that then they are automatically non-exempt. It doesn't matter what their employer calls them. Clocking in and out is an automatic reclassification to non-exempt status. Exempt are paid by the week so they don't have to clock in. If they get holiday or sick they can be clocked to check if they were there that day to reduce the vacation&#92;sick hours but f they were out of them they'd have to be paid anyway. 

#1 She can be assessed the hours to reduce her sick pay available, but she gets paid a weekly salary regardless. Remember it's per week and we don't count hours. She's salaried..

#2 She's a weekly employee. She gets paid for a week. Hourly can be reduced because they didn't work the hour, not salaried.

? · Answer

first FLSA does not conceal all employers, specifically all FLSA covers is employers who've gross sales that exceed $500,000.00 a 12 months, are an interstate business corporation, are a well-being care provider, a college, or government organization.... there are additionally dissimilar jobs that are exempt from time beyond regulation or minimum salary or the two.... you besides would ought to evaluate in case you're in fact making what's needed under your state rules, do you're making a minimum of minimum salary and the proper time beyond regulation for the hours you easily artwork? if so you're non-exempt and are paid wisely.... so are you particular FLSA applies? are you particular you're no longer exempt? in case you're non-exempt are you particular you're no longer being paid wisely? in case you are able to say particular to the two questions have a lengthy, open, elementary, communique alongside with your organization approximately your concerns and in the event that they do no longer look to be addressed you document a salary declare with the state branch of exertions and if state rules are no longer violated document a grievance with the U. S. branch of exertions.... in case you document a salary declare you would be risk-free, and no company would fireplace an worker under such circumstances without an iron clad documented reason....

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FLSA Question / Advice?

2 Answers