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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
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I need to understand if there are provisions employees. I

Customer Question

I need to understand if there are provisions for Salaried employees. I can work 6 days a week and 10 hours a day but if I happen to be sick in a week were I have already worked 5 days, I am required to take sick time. If I leave early on a day for a doctor's appointment, I have to make up the time the next day but I do not get comp time when I work 6 days, 10 hours per day. Is there a standard for Salaries employees in DOL standards? Please advise
Illinois Community College Salaried employee
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Yes, there is a standard but it's not a standard that will be helpful to you here. The situations that you've described a legal when dealing with a salaried exempt employee.

If you work more than your normal allotment of time, the law doesn't require that your employer give you additional credit for that or allow comp time. However, if you work less than the normal allotted period of time, that can be deducted from your sick leave or vacation pay. If you miss an entire day, it can even be removed from your pay check.

I won't tell you it's fair, because it isn't, but none of the facts you outlined violate the Fair Labor Standards Act's treatment of salaried exempt positions.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.

Customer: replied 1 year ago.
Wow, I thought that salaried employees were paid their wage regardless of the time they were in the office. But what you are saying is that a salaried employee can have pay docked from their salary even though they may have worked greater that 8 hours in a day or 40 hours in a week? Could you refer me to where I can find any standards for exempt employees, regardless of the topic? Thanks
Expert:  Allen M., Esq. replied 1 year ago.

Salaried employees are paid their wage for a day if they work any hours that day, but no you don't get paid for days that you aren't there. They can't dock your pay for a few hours missed in a day though, unless those hours were being used for FMLA leave.

However, we don't even have to apply those rules when you are talking about taking away vacation or sick leave, because that isn't even consider docking of pay. The FLSA doesn't discuss vacation, sick leave or PTO use.

http://www.dol.gov/whd/overtime/fs17a_overview.htm

There is a link to the Department of Labor overview, which has additional links to specific statutes.

Expert:  Allen M., Esq. replied 1 year ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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