if an hourly employee misses some hours during a work week and the manager allows him or her to make up those hours and then a salary exempt employee misses a couple of hours as well and the manager does not allow him or her to make them up and docks there sick pay,,, is that not unfair labor practices? the H.R. manual says it doesnt allow it for either employee but the manager is making an acception and disregarding the H.R manual rules for one employee and not the other.
State/Country relating to question: Florida
nothing yet i need to no if it is unfair labor practices..
Hello,Thank you for the information and your question. The Federal Fair Labor Standards Act, which is the law that applies in this situation, does not apply the same result to both non-exempt and exempt employees. In other words, absent a contract or policy that states differently, the hourly non-exempt worker can be allowed to make up time so that they do not lose pay. On the other hand an exempt employee (usually salaried), since the employer must pay them the same amount whether they work 30 or 80 hours a week, can be charged any paid leave that the employer offers. So, yes, it is possible that there would be different policies in terms of charging paid leave to an exempt versus a non-exempt worker. However, as I mentioned the employer can modify that with their own policies. So, if the employer in this case requires that all employees be charged with paid leave if they take time off, then that is what they should be doing. If the exempt salaried employee believes that they have been wrongfully charged paid leave, then they will have to file a small claims court suit for the value of the time charged to them. This is assuming that there is not some other issue at play here such as discrimination against the exempt employee because they are a member of a protected class under employment discrimination laws. If there is an allegation of unlawful discrimination, then the employee might have a successful claim to file with the EEOC if they could not resolve this with their HR/Employer.Please let me know if you need any clarification or have related follow up questions for me. You may reply back to me using the Continue the Conversation or Reply to Expert link if you have additional questions; and if you do, I ask that you please keep in mind that I do not know what you may already know or with what you need help, unless you tell me. Kindly rate me based solely on my assistance to you in understanding the law, and not based on whether my answer is what you were hoping to hear. I, unfortunately, have no control over the how the law impacts your particular situation, and I trust that you can understand how it would be unfair for me to be punished by a (negative rating) ----the first 2 stars/faces----for having been honest with you about the law. Please reply to me and let me know if you are having difficulty with the rating system or even seeing it. Thank you.
The h.r policy is the same for both hourly and salary employees. The manager has chose to waive the policy for the hourly emp and not waive it for the salary emp. Is that not unfair practices.?
Hello again,As I explained, the employer must follow their own policies. So, if they are not following their policies, as I also said, the exempt employee can either file suit for the amount they were charged or, if this is directed at just one employee because they are in a protected class, then the employee can file a discrimination claim with the EEOC.If you are asking if the employee can file just a general complaint with the DOL for unfair treatment, then the answer is no. There is no law that mandates that employers offer any paid leave, so the DOL does not have jurisdiction over this issue. It is either small claims court or the EEOC.
Licensed Attorney with 27 yrs. exp in Employment Law
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