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JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20233
Experience:  Assisting employees and employers for over 14 years.
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I am a salaried employee. I do not know if I am exempt or non-exempt.

Resolved Question:

I am a salaried employee. I do not know if I am exempt or non-exempt. What I do know is that I have had vacation taken from me when I have not put in an 8 hour day, even when I have worked more than 40 hours in a week. I do not recieve any overtime pay beyond 40 hours. I have proof that the company I work for has not taken away any vacation for other salaried employees in the same situation. Am I entitled to overtime since they can take vacation away from me? Do I have any kind of legal recourse for the company not doing this to other employees other than myself? I live, and am employed, in the state of Nebraska.
Submitted: 7 years ago.
Category: Employment Law
Expert:  JB Umphrey replied 7 years ago.

Thank you for using JustAnswer!


Do you know why you are being treated differently than others?

Customer: replied 7 years ago.
It doesn't seem to be any kind of age or race discremination, not to my knowledge anyway. I recently went to nights as a supervisor, that is when I was put on a salaried wage. I did tell them that working nights was not working out as I was hoping it would. I told them that it was causing a lot of stess on my family at home, more than my wife and I had anticipated.
Expert:  JB Umphrey replied 7 years ago.
What explanation do they have for using your vacation days like that when you confront them?
Customer: replied 7 years ago.

What I have been told is that it is to make up for the part of my shift that I did not work. When I took this position, I gave up 3 personal days a year, a benefit that hourly employees recieve, but I was told that if I needed to miss a couple of hours here and there that it was not a problem. I made sure that this was not an issue because I have to younger children at home, one of which has just recently been diagnosed with a health issue that requires some more time from my spouse and I. My spouse works for the same employer, in a different department, and is also salary. In the 10 years she has been there, they have NEVER taken away vacation as they have done so with me.

Expert:  JB Umphrey replied 7 years ago.
Do you have a written employment agreement or contract with your employer?
Customer: replied 7 years ago.
No, I do not.
Expert:  JB Umphrey replied 7 years ago.
What do you do for a living? How many people do you supervise?
Customer: replied 7 years ago.
I work for a printing company. I oversee two shifts in my department, with a total of about 20 employees. I do not have the right to hire or fire. I do have some responsibilites outside of my department as there is a lack of supervisors on the night shift. In considering that, there are about 30 employees total that I oversee.
Expert:  JB Umphrey replied 7 years ago.

From the facts that you describe, you are exempt from the Fair Labor Standards Act and are not entitled to overtime.


The law does not require an employer to provide paid vacation, sick, or personal time.


However, the law doesn't require you to work a full week in order for you to receive your salary. In other words, if you work 4.5 days, your employer is supposed to pay you as if you worked 5. If your employer doesn't, then, yes, it risks losing your exempt status and then has to pay you OT when you work over 40 hours a week.


If you wish to pursue this further, you can file a complaint/inquiry with your local wage and hour division office of the U.S. Department of Labor which can be found here:


Good luck and best wishes for better days ahead. I hope that you find this information to be helpful and this answer to be ACCEPTable!

Customer: replied 7 years ago.

So, they are able to widdle away at my vacation, a benefit they do provide, when they do not take anyone else's vacation away in the same circumstance? And I am supposed to find this to be okay, fair, and I

Expert:  JB Umphrey replied 7 years ago.

Those are really good observations which is why I earlier asked why you are being treated differently than the others (to see if there was some type of illegal bias).


That is also why I gave you to the information of the proper government agency to file an inquiry/complaint about your employer's current practice.

Customer: replied 7 years ago.

So, there really isn't any kind of answer for me here and now...and I will need to pursue this on a more local level, and with more direct contact? Sorry for the long inquiry into all of this, but I just want to make sure I have all my ducks in a row and understand that there really isn't an answer here to my question, before clicking on the accept answer button.

Expert:  JB Umphrey replied 7 years ago.

Well, you can sue your employer in small claims court for whatever money you believe is owed you. I don't know how comfortable you are with that close of hand-to-hand combat with your employer, especially with your spouse also working there.


A complaint with your local office of the U.S. Department of Labor, you may find, is more effective. They are the ones who do the heavy lifting and will be the ones reviewing your employer's practices and ensuring that the federal wage laws are being complied with.

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