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if you are paid salary can a boss make you use personal time....

Sent to General Experts January 28 06:00 PM

if you are paid salary, can your boss make you use your personal time if you get sent home early (slow business). there is nothing stated in employee handbook about this.
is there any laws? is this legal?
thanks

Customer (name blocked for privacy)
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January 28 11:11 PM (5 hours and 10 minutes and 45 seconds later)
         
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January 29 5:19 PM (18 hours and 8 minutes and 51 seconds later)
         
yes. if its slow at work (its a day care) she will make my friend leave. she will then take time out of her personal time (which is like sick/holiday) to make up for the time lost so that it still equals her 40 hours. my friend doesnt want to take it out of her personal time. she wants to not get paid for it because she needs her personal time for if she gets sick.
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January 29 5:35 PM (15 minutes and 42 seconds later)
         
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January 29 5:44 PM (8 minutes and 51 seconds later)
         
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January 29 5:49 PM (4 minutes and 32 seconds later)
         
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January 29 7:04 PM (1 hour and 15 minutes and 43 seconds later)
         
yes lisa she is salary. and im not sure i understood exactly what you were saying. maybe you could clarify a little more now that you know she is salary.
thanks.

sue - i understand how salary works and i agree that theres no way she should be docking her personal time, but do you know if there is a law on that? (and also please read what andy said. besides this question i only asked one other one that i wasnt happy with the answer.)
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January 29 7:15 PM (10 minutes and 51 seconds later)
         
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January 30 8:54 PM (1 day and 1 hour later)
         
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When a person is salary, they do not punch in, complete a timecard or get paid by the hour. They are not eligible for overtime,ever. If a person is hourly, they are paid overtime according the the FLSA. If for instance, she is paid overtime for any hours worked over 40, then yes, she can be asked to use personal or vacation time to make up hours when she is not actually working. Since the time off is due to slow periods, she can have a valid point if there is nothing stating such time must be used in her employee handbook. She would be within her right to ask for a written statement that showed the company policy which states that she must use that time.
If she is paid salary and never receives overtime, she can not be made to use her personal time. This would change her status to non-exempt and the company could then be liable for back payment of overtime.
If this doesn't help, please let me know.
Thanks,
Lisa
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January 30 10:13 PM (1 hour and 19 minutes and 8 seconds later)
         
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