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Employment Law

I work for a very large trucking company who put me on

Customer Question
I work for a...

I work for a very large trucking company who put me on salary but I have to punch in every day and punch out every night before I leave work. My understanding of salary is you make the same amount regardless of how many hours you actually work. If I were to work 40 hours or 80 hour per week or even 25 hours per week, am I not entitled to my full salary for that week?

Lawyer's Assistant: What state is this in? And how old is the truck?

The company is in IL and its a very large trucking firm with several trucks. I do not drive the truck, I work in the office as the account representative for the MT Drivers, a division of the company.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well, I am an accountant and I do know the difference between salaried employees and hourly employees.

Submitted: 1 month ago.Category: Employment Law
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Answered in 2 minutes by:
1/4/2018
Employment Lawyer: Roy Hadavi,
 replied 1 month ago
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,123
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney with extensive labor law experience. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: You are correct in your statement regarding exempt (salary) employees. However, the employer can still require you to clock-in and clock-out in order to account for employee hours, efficiency and myriad other factors.

Rating & Additional Questions: Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please do not rate my service. Please ask me as many questions as you need, until you feel I have earned an excellent rating. There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!) at the top of the screen. Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating! A BONUS is also appreciated if you feel I've earned one today.

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Customer reply replied 1 month ago
even if I take a day off, for doctor appts, etc, I wont get paid? even though I am supposed to be on salary?
Employment Lawyer: Roy Hadavi,
 replied 1 month ago

The employer is not required to pay you for days off, only for any day that you work even a short period of time (such as 1 hour).

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Employment Lawyer: Roy Hadavi,
 replied 1 month ago

So, if you work 1 hour per day for 5 days, you would be paid for 5 full days of work.

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Customer reply replied 1 month ago
ok then I guess the rules have changed. Im not happy with this answer and would like my $5 returned tome with no further obligation. Sorry to bother you.
Customer reply replied 1 month ago
I have worked 5 hours a day and they have docked me the other 3 hours unless I make it up. That is so wrong in my book.
Customer reply replied 1 month ago
I have also worked more than the required 8 hours per day and have received no other compensation. Is that right or wrong?
Customer reply replied 1 month ago
Guess my time is up. Sorry to bother you. I wont be needing any additional services so please cancel my subscription.
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Roy Hadavi
Roy Hadavi
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,123
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Experience: Attorney at Law Offices of Rosenstein & Associates

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