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Recent Salaried Exempt questions

I live in VA and work remotely (from my home) for a

I live in VA and work remotely (from my home) for a non-profit based in CT.I am classified as ‘salaried, exempt'.The organization has a 7-hour work day (35 hours/week is considered 'full time')I earn a reasonable amount of leave (person, vac, sick) but I also work a number of hours each month that are ‘outside' the norm. i.e. in excess of 35/week. The timing of these episodes is erratic and usually not ‘convenient' to my family. I make an effort to track the larger blocks of time in order to ‘claim' them later as ‘comp time'. I do not know what the ‘official' position is on ‘comp time', nor do know what my current managers ‘unofficial' position is on this matter. I am responsible and conservative in my use of this and for the majority of my three-decades plus in my profession, this model has never been a problem.On more than one occasion I have gone into ADP to review my leave balances only to discover that leave has been used (by my manager, without seeking my consent, and without informing me) to cover a perceived outage. This despite their presumed knowledge of my contributions outside ‘normal' business hours.This has happened several times. Most recently, my current manger did this twice within the past couple of weeks. With no communication to me the first time, and informing me after the fact the last (most recent) time.My question is this; can my manager use my leave? i.e. can they record time off for me (and in the process actually choose which category of my leave to use)?My position on this (legal or not) is that my leave is no different from my actual salary/wage; it is a part of my compensation. As such, my manager has no more right to ‘spend' my leave than to spend my paycheck. Yes, he/she can approve or deny leave requests. He/she can ask me (as a salaried/exempt) employee to work ‘extra' hours. He/she can also refuse to approve a time-sheet if he/she feels it is in error (i.e. perhaps suggesting I should use leave for a certain day). But I would argue that in absence of my explicit request or approval, he/she cannot spend my leave.I'd like to not make this a legal issue, I want them to honor a comp time policy, even if it's unofficial. But in the end, I'm not willing to be exploited. Do I have a legitimate basis for a complaint in the event they insist on denying me comp time while pushing me to work outside the normal day?

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Loren

Juris Doctor

38,936 satisfied customers
I'm an Assistant Principal in a private (Catholic) Texas

I'm an Assistant Principal in a private (Catholic) Texas grade school. I recently had a dentist appmt scheduled and was told by our new Principal I would have my wages docked a half day or I could use my vacation time. I thought a private employer in the state of TEXAS could not dock an exempt employees wages for missing a few hours in a day. I routinely work 50-60 a week (often working Saturdays).Next... last school year (2015-2016) our then principal took deathly ill July 1st while I was on vacation for one week of my four weeks scheduled. Upon my return I found the principal hospitalize with ovarian cancer. For the next five weeks I worked with the principal from her hospital bed getting the school ready to open. On the first day of school Aug18...the principal passed away and I was asked by the Parish Priest if I would do BOTH jobs until he could find a new principal. I agreed to do so. In May 2016 a new principal who has no principal experience was hired. I did his orientation and worked thru the summer getting changes he wanted implemented...I missed again my four weeks of vacation. I feel I'm due 7weeks of vacation...what do you think?Linda age 68, Fort Worth, TX

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Patrick, Esq.

Doctoral Degree

18,552 satisfied customers
Is it mandatory to get paid for work if there is a state of

is it mandatory to get paid for work if there is a state of emergency from evacuations/stormJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: floridaJA: Is the employment agreement "at will," union, full time or part time?Customer: full timeJA: Anything else you want the lawyer to know before I connect you?Customer: no

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ScottyMacEsq

Doctoral Degree

23,404 satisfied customers
I am underemployed as an assistant project manager with a

I am underemployed as an assistant project manager with a construction company. Around Christmas last year, I was moved to a new project and told I would be the project manager's assistant. I came to find out that the project superintendent was sick and could no longer be on the project everyday, and that I was listed by the owner as the new project superintendent. My duties were a mix of assistant project manager duties and project superintendent duties, but I did not have superintendent powers to control the work. My company never called me project superintendent, paid more, or gave additional benefits. I worked superintendent type of hours, being the first one there and last one to leave (Approximately 70-80 hours per week) without overtime pay. I have not been able to locate a law that says my employer cannot use my qualifications without my consent and without compensation. This is in Miami, FL. I am not a minority. Please let me know if I should pursue legal action.

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texlawyer

Lawyer

Doctoral Degree

7,528 satisfied customers
I asked my employer about the new labor law, that goes into

I asked my employer about the new labor law, that goes into effect on December 1, 2016 for salaried workers, in regard to how it would effect my pay and hours. I was told by my employer that my salary will be the same they will just refigure the income to include all of the hours I currently work over 40, so basically, I'm not coming out ahead at all and if I don't punch out exactly at 45 hours then I will end up with a pay cut. This seems to go against the intent of the law. Is this legal?

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Patrick, Esq.

Doctoral Degree

18,552 satisfied customers
I have an employee who is classified as exempt now for

I have an employee who is classified as exempt now for working in computer related profession. They do qualify for the exemption as their primary duties do include design, talking with end users, determining needs, etc... The new FLSA salary requirement, my employer is not wanting to increase salary though the job they meet the job requirement qualifier. They just want to change the classification to non-exempt. They indicate that the salary qualifier is the first and primary qualifier. If they fail on that count then the classification must be changed. My understanding is that the first qualifier should be the job description.

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,272 satisfied customers
I was hired as an Executive Chef in the state of Illinois at

I was hired as an Executive Chef in the state of Illinois at a new retirement community. In the time I have been here they have refused to allow me to hire any staff except one unqualified person who I did not hire. Things have gotten bad and I am burning out. They want me to continue to work 50-60 hour weeks. Now, here is my question. I looked at the Federal Labor Laws and what defines "exempt" and it talks about meeting three criteria. I meet the first two pertaining to salary but, as an executive, do not meet any others. I do not have the equivalent of two employees, I do not have the ability to hire or fire, I am not allowed to make executive decisions. Do they need to be paying me overtime?

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,272 satisfied customers
We work for a private school in California where we are

We work for a private school in California where we are required to take an off duty meal time no later than 5 hours from the start of our shift. unfortunately, that's when we are either setting up for lunch or feeding staff and kids. we originally all signed voluntary waivers saying that we cold take lunch after the 5 hour period. due to california law, our employer revoked the waivers. we now work 6 hour shifts, with voluntary mealtime waivers. they did keep our annual salary the same despite the reduction of hours, but it's EXTREMELY difficult to get all our work done in the reduced time frame. Is there a way to get back the 8 hour shift, with the lunch waivers? our employer never said we couldn't take a lunch, it's just the nature of our work requires us to be on the working during the time most of us would have to take our meal break.

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Patrick, Esq.

Doctoral Degree

18,552 satisfied customers
My employer doesn't acknowledge or reward work done outside

my employer doesn't acknowledge or reward work done outside the office off hoursJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: but expects itJA: Have you talked to a lawyer yet?Customer: NYJA: Anything else you think the lawyer should know?Customer: no

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Patrick, Esq.

Doctoral Degree

18,552 satisfied customers
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