salary non exempt less than 40 hoursaudit assistant manager duties and responsibilities

But we can turn around and bill all those OT hours to the clients. So of course someone who was getting nothing extra was happy to get something more for her work! They must be paid for hours worked, full stop. How is that harmful? I was already job-searching by then, and this was one of the major reasons. I mean, Im in a position where it definitely goes both ways, but its a bit of an unusual position and Im in a company of 5/sometimes less employees, so a lot of rules dont apply. But we are well-compensated and treated like adults, because the company recognizes that turn-over in our roles is a huge cost and doesnt want to lose good people over nitpicking 2 hours of PTO for a dentist appointment. I said OK. Its an expected part of the business and they can plan for it. In my position, taking a week-long vacation usually means I have to come in and work through the weekend to prepare before I leave, and put in extra hours catching up when I get back. Subject to statutory requirements, your salary compensates you for all hours worked. I always forget unions arent as big of a thing over there. If work stops for a reason beyond the employer's control, the employee must be paid . Ugh, I had a boss who did this. They totally capped out your earning potential but a longer lunch! If you think your workplace needs a tune up, feel free to reach out. BC Minimum Daily Pay. If employees are non-exempt, it means they are entitled to minimum wage and overtime pay when they work more than 40 hours per week. If employees are classified as exempt, there are only a few reasons you can reduce their pay if they dont work the full 40 hours. Sign up to get the latest HR news, trends, and insights delivered to your inbox. On the bright side, once youre out of PTO they can only dock your pay for full day absences, and any half days get rounded out, not up? What Can an Employer Do If an Exempt Employee Fails to Work 40 Hours Are you meeting your goals? Same here. This. Theres nothing in the law that requires that time to be paid. the trade off is that the employee makes his or her salary even when working less than 40 hours in a workweek. Im no lawyer. entitled to compensation for time worked beyond their regular 40 hours, unless its true overtime, which we will discuss next. Im a salaried state government employee. Ive been exempt/salaried always, and always had the flexibility. In my agency, if we need to work over 8 hrs a day (or, gasp, on weekends), we can be eligible for credit leave or comp travel, depending on the circumstances. If youre exempt (meaning exempt from overtime laws), nothing really changes from the salaried definition above. You cant set up a system that rounds up 8:01 to 8:15, because that way youre just docking the employee every time they dont clock in right on the :00 theres no way to even out. 541.602(b)(1)-(7) , salary deductions result in loss of the section 13(a)(1) exemption. So I expect you to NOT do the same to me. I dont police our employees comp time, vacation time or comp time. No mechanism to take leave even if I wanted to. Nobody is making anyone work for the government, they are welcome to join the private sector. Under the new rules that went into effect Jan. 1, 2020, employees who make less than $684 a week (or $35,568 a year) must receive overtime pay, even if they have been classified as "exempt." In addition, highly compensated employees must be paid overtime if they are paid less than $107,432 a year. Only 5 employees for OP. I worked at a place where I worked a 12 hour day and then the next day needed to take a tw0 hour lunch for boring reasons and had to use PTO. During our busy seasons, Ill regularly work 60 hour weeks, but my direct supervisor, at least, is pretty good about letting us take comp time to make up for it. For an employee to be exempt, they must receive a salary rather than an hourly wage for their position. Lets look at reducing pay. I do wonder what their pay rate is too. Of course, I also always had a job in which there would be late-nights once a month, so the idea that we were frequently giving more, in terms of time, was crystal clear. So while its not always this simple, say she worked 42 hours this week and 24 hours last week. As an entry-level employee (Im guessing from the username), you might not have that kind of environment, and there might be times where you have to resort to busywork. So for some employees managers will give them free days off by having them come into the office for an hour or two to do work and then take the rest of the day off, or will have them work from home by sending a few emails so they can mark an x for having worked that day. If the employment agreement specifies a very clear 40-hour work-week, with no wiggle room for the employer to require them to stay late or come in for special events, then the employee could take the position that their salary compensates them for 40 hours only and that they are entitled to be compensated for any time they work beyond those 40 hours. An employee can be salaried but doesn't necessarily fit the exempt "rules"; meaning you need to pay them overtime if they work over 40 hours, for example. But like so many things, its perfectly legal. Its the same amount every time. The Ministry of Labour has a. for determining which employment rules apply to which jobs. As I said, I would definitely push back and definitely find a group if you can. If the employee has a very clear work week of 40 hours and a . We understand the exempt laws and having to pay full salary even if they do not work a full day, and so forth. FWIW, 4+6+.5+.25 is 10.75 hrs, I dont see how its extra work to record 10.75 instead of 10, or why its a better solution to round the employees extra time worked to 10. When youre billing time, you need to track it whether youre exempt or not, so under 40 hour is noticeable and needs a reason, hence PTO. Then it got taken to the extreme and advantage by those business professionals who will indeed stretch those loopholes as far and wide as humanly possible. As long as no one abuses it, Im hopeful. They can indeed require you to use PTO like that. If the Labour Program finds a pattern of non-compliance during an investigation, it will advise the employer on their . Salaried employees are frequently exempt, but not always, and some exempt employees are paid hourly. I dont think that theres any legal way to make them stop doing this, though, so she should probably just focus on her job search. update: is my job the problem or is it me? Unless the OP asks about specific state/locality laws or differences, then Sloans interpretation isnt wrong. Does the boss know, or is it just an assumption that theyre leaving on time/early anyway? Pay and minimum wage, deductions, and wage recovery If you run out, you dont get paid for vac/sick days. Most salaried employees I know average right around 40 a week 45-50 is a normal amount to work during a busy/crunch period, but thats usually only a few to several weeks a year. So, what can you do? The problem is that an employer can also load you up with huge amounts of work that cant be done in 40 hours, then you are expected to work extra hours (with no extra compensation). *As long as they comply with fed worker protection, min wage, etc rules just like any employer. That should have said normal *paid* leave. Even within a week, if I can say, Hey, I stayed really late Monday and Tuesday, can I come in late on Wednesday?, or within the same day, Hey, I need to stay until 10 PM tonight, so can I come in at noon?, shes pretty flexible, as long as it doesnt interfere with a scheduled meeting or something. Im a lawyer at a large company, salaried, and while we do work more than 40 hours often, we are also allowed a great deal of flexibility in terms of scheduling, we arent nickle and dimed over PTO (we can leave for appointments, etc., without using PTO or sick leave), we dont have to punch a clock, and we are encouraged to have work-life balance. WTH? Its like were paying a quarter million dollars a year, do you really need to punch a clock or document your time spent in and out of the office, probably not.]. I dont know of any state that doesnt allow the policy to change going forward. Often its to keep employees from building up too much overtime and overworking or burning out. Regarding your second-to-last paragraph, I think the LWs point was that its fair to be paid salary when you average out to a fair number of hours, and shes not complaining about that, but about the fact that theyd be docking her pay when the hours are short for the week but not paying her extra when theyre over. This works out to $15 per hour. That means higher taxes though and the same people taking advantage of these workers are the same ones in the politicians back pockets, who are getting these loop holes added. Im looking for another job for just this reason, but Im wondering if I have any way to push back with my current employer. I was doing PT at 6am to be into work on time but occasionally would be a bit late. I work in academia, and like I said, thats just for our department; its up to the discretion of the supervisor, so it could change at any moment. The fact that an employee is paid a salary does not change that they are entitled to compensation for all the time that they spend working. If your job doesnt qualify to be exempt, then theyd actually owe you overtime for all those extra hours. Non-exempt employees typically earn less than $684 per week or $35,568 per year. It was not always possible to take the time off quickly enough because wed be busy for stretches. FLSA overtime pay is time and one-half of the employee's regular rate . Its one of those things a good employment law attorney beats into your head when you discuss exempt positions, lol. Ive worked other places where exempt means 40 hours minimum and theres not one person who doesnt notice the flexible hours dont go both ways. Just to put some numbers on the debate, the current minimum salary amount to be considered exempt is just under $24,000 per year. With the fluctuating workweek , if she gets paid at $1000 per week/$25 per hour, she gets $2025 for the two weeks, including $25 OT for the two hours. Yep, it does make for a bad culture. They cant dock you pay if your available to work, but dont. Sort-of exception: your supervisor can let you leave up to 59 minutes early, and higher officials can give you more (our director sometimes gives us 4 hours the day before a federal holiday). Other jurisdictions have similar rules. But if you work 10 hours on Monday and only 6 hours on Friday, that keeps you at the 40 hour limit. Yes, but Im not American or private sector, so that may have something to do with it. She apparently worked as a floater at several different locations of a chain pharmacy and got paid a set salary no matter how many days/hours she worked and then they used the fluctuating workweek method to calculate overtime when she worked over 40. The FLSA does not set a maximum limit on the overtime hours . I know of no exceptions. Im curious as to what they mean when they ask her to work 40 hours per week during a slow season. Why do I had to use the time in a way that you the boss think it should be used for (chores, relieving stress, spending time with friends) and not how that I the employee wants to use it (say for a travel day so that my vacation is five full days at my destination). Im just speaking from personal experience that being open about this has worked in my favor. Overtime pay eligibility: Overtime wage for hours worked in excess of 40 in a workweek at not less than 1.5 times the employee's regular rate of pay. If theyre giving her additional tasks to fill her time, she could reasonably make the argument that shes working more than one job. I worked for a manager and had several people that I managed. That is again putting too many demands on someone who is tasked with 70 hour weeks for 8 weeks out of the year. Then we get back to your question: Can your employer make you use PTO for working less than 40 hours a week in your slow season when you dont get any extra compensation for your long weeks in your busy season? They are docking the PTO bank of hours earned. If someone is not exempt from overtime, you need to pay them overtime whether you call them a salaried employee or not. Minimum daily pay. Unfortunately the morning slots are all full and I cant switch back. (Which was true those slots were coveted). is being salaried a scam? Ask a Manager Given that Alison frequently advocates the power in numbers approach to pushing back on workplace policy, Im guessing that she is, broadly speaking, a supporter of unions? Thankfully this kind of thinking is always done by the people who have no authority and are just wishfully throwing ideas into the wind because theyre unhappy about their situation and want to make it everyone elses problem too so they feel better. I do! . So far its been working well. It sounds like they were wrongly not paying her any OT at all. Same for our city Gov jobs. time and a half) for each hour over and above 44 hours per week. Ive never had a private sector salaried position (though I might in the near future) so I dont really have a strong sense of norms around salaried employees. Employee was asked for their extra time worked, they provided their extra time worked. To learn more check out my past posts about the ins and outs of, Canadian Employment Law for US Employers: Part 1 - Backgrounder, Equal Pay for Equal Work - Everything You Need to Know About Pay Equity in Your Workplace, Practical Tips and Tricks for Managing a Unionized Workforce, Canadian Employment Law for US Employers: Part 1 Backgrounder, Equal Pay for Equal Work Everything You Need to Know About Pay Equity in Your Workplace, Welcome Mandeep Suri SpringLaws new Marketing Manager, Cover Your Assets: Why Having a Witnessed Release is Your Best Defense Against Future Legal Woes, Financial Services Commission of Ontario (pension regulator), Human Resources and Skills Development Canada Information, Ontario Ministry of Labour Employment Standards Branch. So the first thing I'd do in your shoes is to make sure that you're correctly categorized as exempt. . Overtime: Non-exempt employees must be compensated for overtime, or the extra hours they work beyond their typical workweek. How Many Hours Should an Employee on Salary Work? All the top-tier places understand how engineering works some days are busy, some days arent, and its the final deadline that counts, not amount done per day. So it wouldnt be the same as getting the same pay every week but working extra some weeks and less other. But I also like money vs time off too, Id work 70 hour weeks forever if I was getting paid as non-exempt, haha. We also do get given informal comp time if we end up working outside of normal business hours, largely to avoid moral problems if someone has to provide occasional weekend or early morning coverage. The idea that theres a universal set of demands that all unions require is false anti-union propaganda. It might just be a math trick to get to 1.5 the weekly hourly rate, but I know its often referred to, if people know about it, as one half time. If the employee is salaried, as opposed to hourly, the overtime rate is calculated by dividing their weekly salary by 44 to arrive at their hourly rate of pay. While some workers are exempt, many people work extra time without claiming the extra compensation they may be entitled to. If the job pays low enough that the employee isnt satisfied with that, or has little enough PTO that this doesnt wash out in a way that feels reasonable to them, absolutely negotiate for more (or move somewhere with different compensation/policies if possible and desired). Google fluctuating workweek overtime. Home Shared HR About Services Tools Hiring Customers Partners Contact Assessment Blog, hiring a HR person, small business, HR needs, Form I-9, ICE penalties, paperwork, co, compliance. My maple-coated heart feels so bad about that. What is Comp Time? FAQs on Compensatory Time Off - Clockify We can take leave in pretty much any increment we want. Questions and Answers About the Fair Labor Standards Act (FLSA) Overtime Pay | U.S. Department of Labor What Are the Consequences of Working Fewer Hours? Exempt positions are excluded from minimum wage, overtime regulations, and other protections nonexempt workers receive under the FLSA. Every week looks different for me, but I am free to arrive and leave the office on my own schedule, set my own work-from-home days and my current company has an unlimited PTO policy. The only exception is that I worked at one place where you could accumulate up to 40 hours to take off later if you work overtime. Its why I never want to be salaried again after being taken advantage of previously, in much the same way that youre dealing with now. Maybe Im misreading, but it feels like you were harsh unnecessarily? Any time off below that threshold was a freeby because they figured it all came out in the wash since you worked long hours or holidays when needed. Its bad for employees and bad for morale, which is, in turn, bad for the company. Except that PTO is a form of compensation, perhaps not in the eyes of some laws, but it is part of compensation. Though I can see a comp time policy not helping her much. That sucks. Her annual salary would decrease because of the docking of the pay, but her hours worked would stay the same. We have a set amount of work we have to get done every week, and it will definitely sometimes push you over 40 hours a week, especially during our busy seasons, but we have an extremely flexible work from home policy and a lot of leeway to go to appointments, etc. Arent companies that given comp time for extra hours pretty rare? See my last post about legislating the right to disconnect for more on this. If she had been paid 1.5x and then they rolled it back to .5 then that would not have been such a sweet victory on her part :(. An employee can be salaried but doesnt necessarily fit the exempt rules; meaning you need to pay them overtime if they work over 40 hours, for example. I get this feeling that Washington would eat our faces and then regurgitate them and eat them again. If theyre going to make people take PTO for going under 40 hours, then give comp time when theyre over 40 hours. People often use "salaried" to mean exempt, but you can be salaried non-exempt too (meaning you get the same salary week to week but you also get overtime time). I absolutely cannot wrap my head around why anyone would accept to work under those conditions let alone EVERYONE who does. If on the other hand, the employment agreement builds in flexibility for the employer regarding hours of work, by for example saying something like: then the employee is likely not entitled to compensation for time worked beyond their regular 40 hours, unless its true overtime, which we will discuss next.

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