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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 11531
Experience:  Licensed Texas General Practice Attorney
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I am an RN in a salaried position in central Illinois. My employer

Customer Question

I am an RN in a salaried position in central Illinois. My employer makes a regular practice of using our Personal Time Off to "fill in" any day we have not worked more than 5 hours. Is this how salaried positions are supposed to work. I do not get extra for a 14 hour day, so why would I get penalized for a short day? Sorry if this is a simplistic question, I have never worked a salaried position before. Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

I am sorry to hear about your situation. While this is not typically how salaried positions are handled, it is not illegal. The Fair Labor Standards Act (FLSA) says that any day you work any period of time, you have to be paid for that day. However, it is silent as to how you are paid.that is, your employer is entitled to deduct from accrued vacation or paid time off to pay you for this time. However, if you were not to have any pay for vacation time left, and still were to work under that five hours, your employer could not deduct for that time. Rather, your employer would still have to pay you for that day that you worked.

ScottyMacEsq :

I assume that when you say you are salaried, you are salaried exempt. What that means, is that you are exempt from the overtime provisions of FLSA.

Customer:

Yes

ScottyMacEsq :

That means that you are not otherwise entitled to get paid for overtime.

Customer:

That is very true

ScottyMacEsq :

And there are no laws in Illinois were federally that govern how many hours they can requiredyou to work

ScottyMacEsq :

*in Illinois or Federally

ScottyMacEsq :

By the way, I apologize for any errors in this answer. I am using a voice recognition program, and while it is accurate most of the time, is not 100% accurate, so if there's something that doesn't look quite right, or appears out of place or not grammatically correct, the reason is likely the software that I'm using. If will try to catch any errors, but if if you need clarification at the end, please let me know.

ScottyMacEsq :

But even though this is not the "norm", it is legal for them to do this.

ScottyMacEsq :

(deducting PTO)

Customer:

I understand that, and the nature of my job sometime requires 17 hours if you are gping to do the job right, that I accept

ScottyMacEsq :

I agree that it is underhanded and immoral, but it's not illegal.

ScottyMacEsq :

(the deducting of PTO)

Customer:

lol

Customer:

Nurses are used to that, emplyers often count on their drive to care for the patient, but extra long days to make sure my clients are properly cared for is my choice. You answered my question , thank you very much!

ScottyMacEsq :

My pleasure, and my kudos to you and your career. My mother was an emergency room nurse for years, and I really do have a strong respect for the work that you do.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, XXXXX XXXXX luck to you!

Customer:

Your answer was helpful for all of the nurese in my hospice ofice, thank you so very much for your help.

ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 11531
Experience: Licensed Texas General Practice Attorney
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