ANSWERS: 6
  • What is the Fair Labor Standards Act?
  • Read your employment manual/agreement. It should be spelled out there. For info on the FLSA, see this: http://www.dol.gov/esa/whd/flsa/
  • Being exempt or non-exempt depends on your position with the company first of all. Supervisory and certain key positons like engineers are exempt, exempt from the labor laws like over time and are salaried.Exempt normally don't get paid time and half working over 40hrs. If you fall in the category of exempt because of your position (supervisor, etc), you should not have to use sick/vacation time as you should be salary. Non-exempt have to make up time to equal 40hrs and should get time and a half after 40hrs. If you leave a half day you either have to make it up or put sick/vacation time down or get docked, whatever the boss agrees on. There always are exeptions as some bosses make the rules up depending on who it is. What is your job/field?
  • My response to Taurus:I am an accountant. Am I correct in saying that I do not need to use personal/sick time? thanks
  • This completely depends on your employer’s policy. The key here is to recognize the distinction between “exempt” and “salaried.” Exempt simply means that your employer does not need to follow most labor laws. This is a benefit to the company and a detriment to the employee. Salaried is a pay structure that any employer can choose (even if you are non-exempt). If you are salaried, you are simply paid a flat rate for the job, even if you work less than 40 hours. This is a benefit to the employee (and sometimes a detriment to the company). However, if you are exempt and salaried, the employer benefits by having you salaried. I am going to assume your question asks “am I required to use sick or vacation time if I leave an hour early.” I am going to assume this because your exempt status has no bearing on the answer. Remember, exempt status only benefits the employer. A salaried employee is still required to do his job, even though he gets paid the same whether he does it or not. If you leave an hour early, your employer loses one hour of productivity that the employer is entitled to. Consequently, it is fine for your employer to require you to use your sick or vacation time when you want to take time off work.
  • Well as far as anonymous 1's question, my opinion, if you are salaried and exempt, you should get paid and not have to use time off for 1 hour. If you work OT, probably not get paid. I worked in 2 different companies,same position, 1 I was salaried (non-exempt)and received time and a half for OT, the other I was salaried (exempt), but got straight time for OT. Go figure.

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