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Salaried, ExemptFollow

#1 Dec 17 2014 at 3:19 PM Rating: Good
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At times, my employer has tried to dock the pay of salaried, exempt employees over extended holidays or slow periods.

Like the week between Christmas and New Year this year there are three days that are "minimal production" and most of the shop is closed. Accounting sent an email saying all salaried employees had to work, take vacation, or not get paid. Seems to me like that is pretty much the opposite of what the FLSA says, and that Salaried, Exempt employees are not allowed to be docked pay just because of shutdowns or slow periods.

It really doesn't affect me because I end up working anyway. But each year they try to do it around the new year and the 4th of July. And it always bothers me.

Edited, Dec 17th 2014 6:06pm by TirithRR
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#2 Dec 17 2014 at 4:30 PM Rating: Excellent
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#3 Dec 17 2014 at 4:33 PM Rating: Excellent
Similar things happen in my industry (Hotels), but they just make us take unused vacation time so we still get paid. Vacation pay comes out of a different account than payroll, so it still looks like we're saving $ on payroll even though I make the same amount. Part time employees can see their hours cut, but all of our non salaried employees except for Supervisors are Union so only the Supervisors get their hours cut. The Union folks keep their full time hours.
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#4 Dec 17 2014 at 5:04 PM Rating: Good
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Jophiel wrote:
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Work. Phone auto correct...
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#5 Dec 17 2014 at 5:44 PM Rating: Good
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Like the week between Christmas and New Year this year there are three days that are "minimal production" and most of the shop is closed. Accounting sent an email saying all salaried employees had to work, take vacation, or not get paid. Seems to me like that is pretty much the opposite of what the FLSA says, and that Salaried, Exempt employees are not allowed to be docked pay just because of shutdowns or slow periods.


Not illegal, pretty normal business practice, so long as there's a bona fide way to demonstrate lack of need for work and that it's a prospective furlough, not "you aren't working today, sorry".

http://www.dol.gov/WHD/flsa/FurloughFAQ.pdf

#7 on the FAQ addresses it pretty clearly.
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#6 Dec 17 2014 at 5:54 PM Rating: Good
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Smasharoo wrote:
http://www.dol.gov/WHD/flsa/FurloughFAQ.pdf

#7 on the FAQ addresses it pretty clearly.


I see. I had read through the Salary Basis sheet, but didn't see the Furlough FAQ.

http://www.dol.gov/whd/overtime/fs17g_salary.pdf

The first year they had asked, was sometime around the 4th of July in '12, when they shut down production either the day before or the day after, can't remember which, and told us that the Salaried employees would need to take a vacation, work, or not get paid.

My job usually involves me working on these low production days anyway, since it's sometimes the only time we get time to repair certain machines.
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#7 Dec 18 2014 at 8:40 AM Rating: Good
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Legalities aside.

Are they telling people to stay home or are they just saying if you don't come in you won't get paid?

If they are telling salaried employees to stay home and not paying them that's a **** move, if they're saying "If you don't come to work just because it's slow and the holidays we're not paying you" then that's exactly what should happen in my opinion.
#8 Dec 18 2014 at 8:51 AM Rating: Good
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Quote:
if they're saying "If you don't come to work just because it's slow and the holidays we're not paying you" then that's exactly what should happen in my opinion.


Still seems like a pretty **** move from my point of view as someone who just spent 6 months working 7 days a week 12-15 hours a day on salary because the company was extremely busy.

In the end it doesn't really affect me directly because I need to work anyway.
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#9 Dec 18 2014 at 9:01 AM Rating: Excellent
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TirithRR wrote:
Still seems like a pretty **** move from my point of view as someone who just spent 6 months working 7 days a week 12-15 hours a day on salary because the company was extremely busy.
My favorite part of salary.
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#10 Dec 18 2014 at 9:03 AM Rating: Excellent
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If you've been working 7 days a week for six months, you can likely use a couple of days off.

If it were me, I'd work if I had something useful to do - catching up on paperwork, whatever tasks keep getting pushed off when there are constant interruptions. If not, I'd plan something fun to do with a windfall of free time.
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#11 Dec 18 2014 at 9:09 AM Rating: Good
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If it were me, I'd work if I had something useful to do - catching up on paperwork, whatever tasks keep getting pushed off when there are constant interruptions. If not, I'd plan something fun to do with a windfall of free time.

Like figure out how to make ends meet without the money you were expecting?

That's what you people do, right? Worry about money? That's what I've been told.
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To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? Gay. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

#12 Dec 18 2014 at 9:32 AM Rating: Excellent
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If it were me, I'd jack around on the internet with a six month old Excel file open an Alt-Tab away.
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#13 Dec 18 2014 at 10:43 AM Rating: Excellent
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Smasharoo wrote:
If it were me, I'd work if I had something useful to do - catching up on paperwork, whatever tasks keep getting pushed off when there are constant interruptions. If not, I'd plan something fun to do with a windfall of free time.

Like figure out how to make ends meet without the money you were expecting?

That's what you people do, right? Worry about money? That's what I've been told.


Whatever for?

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#14 Dec 18 2014 at 10:46 AM Rating: Excellent
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Jophiel wrote:
If it were me, I'd jack around on the internet with a six month old Excel file open an Alt-Tab away.
As opposed to what? Jacking around on the internet on the non-video game sections of a video game forum?
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#15 Dec 18 2014 at 10:57 AM Rating: Excellent
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I just said what I would do, not that I'd do it any differently.
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#16 Dec 18 2014 at 11:04 AM Rating: Excellent
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The spreadsheet on my desktop is only 2 weeks old. I suddenly feel like an overachiever...
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#17 Dec 18 2014 at 11:23 AM Rating: Excellent
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I just work from home over the holidays. Mostly I bill professional development, which over the holidays means cooking.
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#18 Dec 18 2014 at 11:26 AM Rating: Excellent
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Christmas cookies?
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#19 Dec 18 2014 at 11:27 AM Rating: Excellent
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Today I'm making chocolate creme brulé and chocolate truffles
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#20 Dec 18 2014 at 11:44 AM Rating: Excellent
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That sounds awesome. Remember sharing is caring. Smiley: nod
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#21 Dec 18 2014 at 11:46 AM Rating: Excellent
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Hey, I have a long standing policy of feeding asylumnites who come and visit.
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#22 Dec 18 2014 at 11:48 AM Rating: Excellent
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That works, now if we could only get you to move to a place with less ice.
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#23 Dec 18 2014 at 11:49 AM Rating: Excellent
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So do I, I'm just candid about what I'll feed them to.
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#24 Dec 18 2014 at 12:09 PM Rating: Excellent
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I would have quit the job two weeks into the constant 'lolnovertimehaveashitsalary' overtime. Just nope the fuck out of there.


Edited, Dec 18th 2014 1:10pm by Kavekkk
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#25 Dec 18 2014 at 1:11 PM Rating: Good
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TirithRR wrote:
Quote:
if they're saying "If you don't come to work just because it's slow and the holidays we're not paying you" then that's exactly what should happen in my opinion.


Still seems like a pretty **** move from my point of view as someone who just spent 6 months working 7 days a week 12-15 hours a day on salary because the company was extremely busy.


I'm not sure how this differs from every other normal workday though. It's not like this potential problem only exists for a week or two in late December. If your employer is a jerk who doesn't recognize that you put in a ton of extra hours getting a critical project done on time by letting you take half days or something in between said critical projects, then he's a jerk the entire year around.

There are pros and cons to salaried work. As a general rule though, the pros outweigh the cons. YMMV, of course.
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#26 Dec 18 2014 at 1:14 PM Rating: Good
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I'm not sure how this differs from every other normal workday though. It's not like this potential problem only exists for a week or two in late December. If your employer is a jerk who doesn't recognize that you put in a ton of extra hours getting a critical project done on time by letting you take half days or something in between said critical projects, then he's a jerk the entire year around.

Well, if he's a jerk that pays you, that's distinct from the jerk who mandates you take unpaid time off.
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Disclaimer:

To make a long story short, I don't take any responsibility for anything I post here. It's not news, it's not truth, it's not serious. It's parody. It's satire. It's bitter. It's angsty. Your mother's a *****. You like to jack off dogs. That's right, you heard me. You like to grab that dog by the bone and rub it like a ski pole. Your dad? Gay. Your priest? Straight. **** off and let me post. It's not true, it's all in good fun. Now go away.

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