Salaried Employee Refresher on Law

turbo

I went to the DOL site - can't find the part I need.

Salaried Employee (most of the employees at this company are hourly) The employee is me.

Question: If a salaried employee works any part of a day or any part of a week they are paid considered working and should be paid? I am being questioned about my time - when everytime I leave my office even if only to go to another building in the company - I let the receptionist know where I have gone - and I leave a note on my door. I am getting all of my work done and then some as I have several jobs for this company - but am compensated for only one position.

Apparently the company started tracking my the time. A time clock is not used. Guess they have someone tracking me? Several entries in the two-week time sheet are not accurate and have me gone from the site when I never left.

Anyway - I work straight through the day - per my arrangements when employed a year ago - no lunch breaks - no breaks. At the end of the day I leave - no extras for work. Well in the 13 months ( I privately track my time to look at time worked in excess of our arrangement) I have 53 days in which I worked in excess of the agreement - even though I am exempt as HR director and Marketing director and assistant to the CEO - I wanted to know. They don't know I've kept this.


At issue --during the last two weeks....
I took my child to othodontist, I went to Dr. Appoint, and I had a house flood all within a 2 week period. I left work early two days by 30 mintues to meet with insurance adjustors, came in late 1.5 hours due to daughter's orthodontist appoint. and was gone for 3.5 for doctor's appointment that was rearranged to accommodate an off-site work meeting the same day so the appointment took longer than planned.

I received a letter from CEO - with whom I work with and communicate with everyday (he is not in everyday and comes in mid-day or later about 2 or 3 days a week) He doesn't know when I am here - but I am on the phone with him everyday several times as I am also his admin. assistant.

In the handwritten letter is a note that says "I randomly check on things and here, to my surpise a a lot less time than the 40 hours we agreed on. Please Explain.

The note is on a table that shows the past two weeks of time worked clcoked in and clocked out. I don't punch a time clock. The few salaried employees here don't use the time clock.

The next issue is - several of the entries indicating that I left "clock out" are erroneous. One entry says I left early on a day when I didn't even have a car and somone else had to pick me up - so I couldn't have left. Several show me coming in later than I did come in. One day I came in and met with someone before coming to my office - didn't come to the building with my office for about 30 minutes after my arrival on site. One entry shows me leaving from 9 a.m. to 9:50 a.m. last Friday ..I was here all day! I am here every day like a prisoner- because I don't leave!

Problem is - how do I respond? I wrote out an explanation for the ones I can explain The ones I listed above - but the others there is no explanation because I was at work!

What do I do? One week shows I worked 25.55 hours and another shows I worked 30.48 hours..I also have always worked when not in the office by checking voice mail in the morning before coming in and also when I leave and at night to make sure I don't miss a request from the CEO. Since I I am salaried I never made an issue of it - that is how I work.

How to I handle this? Help.

marc

I would definitely detail a response, but that is just addressing symptoms - the real problem is something else. Your relationship with the CEO has deteriorated - perhaps through the intervention of someone who has his ear, but is not on your side.

I would address this issue head on with the CEO and find out why he thinks it important to single you out for this type of tracking. It sounds like you are undergoing some sort of personal improvement plan, the details of which were not shared with you.

I would let the CEO know that if this is just some sort of random tracking of various employees, it needs to be done with accuracy or he/she is going to be making decisions based on erroneous information.

You have not been penalized with respect to your paychecks, so the tracking of an exempt persons time is not being used for purposes of calculating payroll, so there is no employment law issue there.

System

I'm with Marc. And you might want to start a log of what you do every day, maybe in 10 or 15-minute increments.

James Sokolowski
HRhero.com

turbo

I basically tell everyone where I am at all times - even when I have to go to the bathroom..because this company isn't used to salaried positions and I am one of the only ones with a college degree and a female - howeer I thik it is alessor qualified perosn who is a female that had chosen to babysit my time. She does a weekly manicure and pedicure a ther desk each week - which un-nerves me - but Iwas told not the worry about it and not to rock the boat!

sanua

Sounds like you need to have a meeting with your supervisor. The DOL regulations state that the employer cannot dock your salary for a partial day worked. The note from your supervisor seems odd, but does not threaten to dock your pay. Maybe if you meet with your supervisor you can find out what's going on.

turbo

Thanks for your replies. Knowing this company - docking my pay is on its way. Which is why I posed the question.

I work my ass off when at work and we have had a very good working relationship - especially since I work three jobs for his company for the past 13 months - handling more than just the HR issues for 110 employees and the marketing efforts, which are nationwide. I work as his admin. assist. and do everything from answering his mail, opening his mail, making personal calls for him, writing letters for him, research, home landscaping matters, travel, you name it. On of the times I was out of the office inquestion is when I took the owner's sister to lunch!

What I need to do is leave. I have job after job responsibility added to my plate daily and am still compensated at 1/2 of what I made in a previous job. I took this job because I needed health insurance and a job that allowed me to work straight through so I can pick up my children from school each day - because our area was dropped from the bus route.

What a mistake. I think I will be quiting within in the month. Wish me luck..I don't have another job but can't take this one anymore..I suppor the family..anyone know of a good job in Houston/Clear Lake Gavelston area for an HR, PR and Marketing Specialist? HR 2 years, and PR/Marketing 20 years.

martman99

Your compensation and conditions of continued employment is primarily driven by the contents of your employment agreement. You should disect the paragraphs, terms and conditions of that agreeement to insure you are not in breach of any of its provisions. But I agree with the sentiments of most responses thus far. Your CEO is being driven by somebody else's agenda, for whatever reason. Personally, I would ask your CEO outside of this time issue whether there are other issues he/she may be unhappy with. Don't let them win on this one, though. Quitting and not finding out the real reasons for the sudden change in atmosphere would be a disservice to yourself. And as I always intruct my employees, be a little introspective as well to see if there is ANY credibility to the complaints that are arising.

Marty

turbo

Good Advice,

However, I am in Texas and there is no employment agreement. One of the issues as I mentioned earlier is that I am one of the only salaried, degredd employees - wo does not smoke, take breaks or commerate with others and chit chat. I guess after 14 months of hard work it has gotten to the rest of them.

The other issue is - I am not a man. Other employees who are men and who salaried do come and go as they please and are highyl compensated for having the right equipment. So much so that as HR director I am not privy to compensation of those individuals.


I am not interested in reasons..I am going to move on. I have decided on July 30 to leave..I will notify them in a few weeks. Wish me good luck.

marc

In my experience, it has always been easier to find a job while you are still working that to find one when you are not employed.

martman99

Good Luck Turbo, but one word of advice. Typically, if you are considered salary there is an implication that your employment is for a specific duration. Usually in the absence of a written agreement, salaried would equate to a one-year employment agreement, depending upon when you started. Not sure if that can be used in yur favor or not, but if helpful, use it to your best advantage.

Take care!

Marty

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 07-02-04 AT 08:02AM (CST)[/font][br][br]Contract - Schmontract! Government Regs? Phoooeey! Proving where you are by journaling? Horse-Feathers! You are working in an untennable situation that will not improve to your satisfaction no matter what. The situation you describe is intollerable and nothing you do or explain or prove or document or dissect will improve your lot one iota, period. Leave that job as soon as you can and find a place where you can make a contribution and be appreciated for it. The whole workplace is filled with dunces, from the CEO, down.

(next day edit: I reread my post this morning and realize how vague I can sometimes be. I should have told you how I really felt. x:-) )

martman99

Once again Don, thanks again for your "slant" on another situation where you discount all others input. I guess your the guru of the site. Have a great Holiday Weekend

Marty

Don D

It's up to the lady who asked the question to discount or accept any of the opinions offered. Looks to me as if she pretty much has decided on a course of action similar to the one I suggested. Does that offend you? If we all agreed, what would be the value of the Forum? I reckon I'm entitled to an opinion and probably will continue to give it. Sometimes I agree with others' opinions; sometimes I don't. If you survive long enough, I might even agree with one of yours. x:-)

Hunter1

turbo: I'm going to take a somewhat contrarian view of this situation.

You are a degreed, exempt, HR employee who thinks way too much like an hourly: You've tracked your time before you knew there was a problem, you work at least three jobs for the company, you've worked more than the agreed amount 53 (no less than 53 times!!!) in thirteen months, you don't smoke or take breaks, you want to know your legal standing BEFORE the company docks your pay, etc, etc. You may very well be in a bad situation, but I suggest that if your attitude follows your writing, this isn't the last employer who will take advantage of you.

I don't mean to be harsh, but take a hard look at yourself before you start another job. Other employers are going to expect a lot of an exempt employee. Good Luck in your decision.

turbo

thanks for everyone's feedback and real thoughts.

I've never been an hourly employee. I started tracking my time here - because this is not a normal company (in any way that it operates including deciding how to interpret employment law and that it doesn't apply to them in several cases! WRONG! It is private with three-good ol boy owners, two of which are brothers.

I truly did track my own time because I am tired of taking advantage of myself - previously I've worked professionally for law firms and hospitals for 20 years. I've always worked more than 50 to 60 hours a week and travelled. This current job offered me a job when I was laid off and out of unemployment 18 months ago, healthcare for my family and it was close to home - but it only paid 40 percent of what I was paid in my previous position.

That is reason I wanted to track my time - to make sure I wasn't giving more than I should. Unfortunately, I find myself checking voice mail in the morning when I get up and and before going to bed - as the CEO leaves them for me around the clock. So I have already exceeded my boundries for the job and my expectations.

God works in mysterious ways. Yes, it is easier to find work when you are working. I was called by a recruiter yesterday - I interview today (after work) and it is for a professional Marketing and Bus. Development position again with a law firm! yea!
We'll see how it comes out.

I am also taking my real estate licensing exam in mid-July so if the interview doesn't pan out _ I will be working as an agent with my friend's real estate firm - I will be income free for a few months until I get going - but I can't stay here - I am finding it hard to even come into work. Look me up at Green Apple Real Estate in a month or two - in Texas. I helped her form her firm a year ago.

I will be gone from here as of 7/30/04!

Rockie

Turbo: You are much better off just getting the heck out of Dodge! This company is going to operate on its own set of rules, regardless of the legalities of such. Sooner or later, they will get a rude awakening!

If this issue was brought up before your departure date, I'd just state "I am sure you are aware as an exempt level employee, I am not held accountable to how many hours a week, I work, but if the job that I was hired to do was accomplished." But...since someone in the organization has seen fit to attempt to track my hours,and I might add erroneously report this to you,I want yu to kno that I have been keeping my own log of hours.

If they try to do you out of anything, I'd simply take all this info to the DOL and let them pursue a claim for you. Sounds like you have been treated like an hourly person to me. Make sure you keep all the notes, etc. from the CEO and a synopsis of his phone calls and times he made them to you.