Author Topic: Is Anyone A Salaried Employee That Has Been Docked Overtime Pay?  (Read 4520 times)

Ramza Beoulve

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  • I am salaried-exempt at a rate of $4,000 for 80 hours per two weeks ($50 per hour).
  • It is company policy for us to earn overtime pay, albeit not at time and a half, above 80 hours per pay period (Overtime for me would be $50 + $5)


On Monday, Tuesday, Wednesday and Friday of this week (9/28, 9/29, 9/30 and 10/2), I worked one extra hour each day to earn what I believed would give me 84 hours of that pay period.

 
On Thursday (10/1), my employer had database/servers related to the mandated ICD-10 upgrade. We were told to stay home till it was fixed. When it was fixed, we were contacted and it was stated any employee who had at least half their shift remaining should report to work. I fit into that group, so I reported to work exactly 4 hours that day. Because the issue occurred early in the day, there were some employees who were beyond the half-way point in the shift so did not show up to work at all.

 
As it turns out today, the company is telling me that I will have earned the exact salary for that pay period as my coworker who remained at home the entire day. We are both going to be paid for 80 hours.
Me: 76 hours worked + 4 hours told to stay at home + 4 hours of over time
Co-worker: 72 hours worked + 8 hours told to stay at home


Can anyone enlighten me? I'd just like to be paid for those 4 extra hours. The company policy says pay cannot be docked for absences created by the company and we do have overtime pay.


sirdoug007

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Re: Is Anyone A Salaried Employee That Has Been Docked Overtime Pay?
« Reply #1 on: October 02, 2015, 10:46:40 PM »
You worked 80 hours so I don't see how you will get any overtime.  Staying at home for 4 hours shouldn't kick you into overtime since you didn't work at home.


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JLee

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Re: Is Anyone A Salaried Employee That Has Been Docked Overtime Pay?
« Reply #2 on: October 02, 2015, 11:07:17 PM »
I don't know the technical answer to your question...but I stopped counting at 50+ hours this week and I don't get paid anything extra past 40, so since you didn't actually "work" more than 80 I wouldn't fret.

pk_aeryn

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Re: Is Anyone A Salaried Employee That Has Been Docked Overtime Pay?
« Reply #3 on: October 02, 2015, 11:14:44 PM »
If you're salaried exempt, they don't have any obligation to pay you overtime at all, unless you're in a state where I'm not aware of an exception.  And sounds like you didn't work overtime anyway, technically speaking.  I know it sucks though because you couldn't make plans and it didn't feel like time off. 

john c

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Re: Is Anyone A Salaried Employee That Has Been Docked Overtime Pay?
« Reply #4 on: October 03, 2015, 02:41:16 AM »
You worked 80 hours so I don't see how you will get any overtime.  Staying at home for 4 hours shouldn't kick you into overtime since you didn't work at home.


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Sir Doug is correct.  If you were an hourly employee, you would get the overtime, because you worked more than 8 hours for those days (depending on your state).  As a salaried exempt employee, you didn't work over 80 hours in the pay period.  If you hadn't worked that overtime, you would have received your base salary.

It sucks, but that's how I read it.


Ramza Beoulve

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Re: Is Anyone A Salaried Employee That Has Been Docked Overtime Pay?
« Reply #5 on: October 03, 2015, 06:25:02 AM »
This situation is essentially the case of company policy vs the FLSA since where I am, Florida does not have specific overtime laws.

My friend picked up an extra 8-hour shift last pay period and earned his "hourly wage + $5" for that 8 hours even though he is salaried exempt like me. Now the company appears to be applying the legal definition when it suits them when company policy has superseded in the past. And the information on the HR website has not suddenly changed.

If there had been no system issues, I would have earned my salary plus the $220 for 4 hours of overtime; but because I had technically spent only 80 hours at work, I get paid those hours.
« Last Edit: October 03, 2015, 06:43:07 AM by Ramza Beoulve »

Goldielocks

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Re: Is Anyone A Salaried Employee That Has Been Docked Overtime Pay?
« Reply #6 on: October 03, 2015, 12:32:42 PM »
This is normal.  You get your full pay.  The employer was nice and did not make some other employees show up and commute for very little pay, but you are not out anything, and maybe you will be the lucky one next time.

Blueskies123

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Re: Is Anyone A Salaried Employee That Has Been Docked Overtime Pay?
« Reply #7 on: October 03, 2015, 12:39:23 PM »
If you are making $104,800 per year plus benefits I would shut up and work harder.  What are you complaining about, a few extra hours of work.  I worked 60 hours a week for the last 20 years and never got an extra dime in overtime.

Bucksandreds

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Re: Is Anyone A Salaried Employee That Has Been Docked Overtime Pay?
« Reply #8 on: October 03, 2015, 06:47:32 PM »
This situation is essentially the case of company policy vs the FLSA since where I am, Florida does not have specific overtime laws.

My friend picked up an extra 8-hour shift last pay period and earned his "hourly wage + $5" for that 8 hours even though he is salaried exempt like me. Now the company appears to be applying the legal definition when it suits them when company policy has superseded in the past. And the information on the HR website has not suddenly changed.

If there had been no system issues, I would have earned my salary plus the $220 for 4 hours of overtime; but because I had technically spent only 80 hours at work, I get paid those hours.

You got unlucky and I'd be ticked too but your employer followed the law. Don't do OT. Get a side gig for extra money.

Emg03063

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Re: Is Anyone A Salaried Employee That Has Been Docked Overtime Pay?
« Reply #9 on: October 04, 2015, 04:51:14 AM »
You did 80 hrs of work and got 80 hrs of pay, per policy.  You weren't docked anything.  I understand how this feels disappointing and unfair because you've missed out on the OT you were expecting and because you weren't paid more for the extra hours you worked as compared to your colleagues, and technically speaking, it is, HOWEVER, life is unfair, and you are still extremely high on the compensation scale.  As a salaried exempt guy who routinely works more hours than you for no OT and less compensation, please allow me to say get over it.  It's not worth the perception of pettiness to complain about the $20 of missed OT bonus hours or the differential pay vs. your coworkers for the week.  You got paid what you earned, per policy.  The fact that you were expecting to make more that week, and that other people may have gotten paid more than policy at some points is not relevant.  Let it go.

Ramza Beoulve

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Re: Is Anyone A Salaried Employee That Has Been Docked Overtime Pay?
« Reply #10 on: October 04, 2015, 06:42:21 AM »
You did 80 hrs of work and got 80 hrs of pay, per policy.  You weren't docked anything.  I understand how this feels disappointing and unfair because you've missed out on the OT you were expecting and because you weren't paid more for the extra hours you worked as compared to your colleagues, and technically speaking, it is,

I'm already picking up some extra weekend shifts from co-workers during the holiday season so hopefully no more computer issues. So I'm not avoiding picking up overtime. No wife/kids to spend time with the student loans awaiting.

This is the first time, the company has had to send anyone home like since we've opened and no one seemed to be clear on how to handle it.

  • We'll pay you but we're using your PTO to make up what time you were home for system issues
  • We'll give you the chance to work additional hours to what time you were home for system issues and give you pack your PTO
  • We're paying you your salary sans overtime to make up what time you were home for system issues

We have more of a HR/company issue than any legal issue since we had about 350 salaried-exempt people and we had OT offered for the entire pay period. Not how many people took OT.
« Last Edit: October 04, 2015, 06:48:40 AM by Ramza Beoulve »

stashing_it

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Re: Is Anyone A Salaried Employee That Has Been Docked Overtime Pay?
« Reply #11 on: October 04, 2015, 04:35:34 PM »
I am a salaried employee who also gets OT.       I think this is a scenario where you just suck it up and move on rather than fight about it

That being said, this is what I would do in the future

-   Push the OT.     There will invariably come a time when the company wants work done faster, because a project is late etc.   Working OT here makes you so much more money.      Except for the year after baby #1 was born,  I have tried to stay at 30-45 % OT every year, because hey, my company always seems to be behind schedule

-   If the  "If you have 4 hours left in the day come in, if you have 3.5 don't come in" scenario happens again, consider when you want to start your day

frugalnacho

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Re: Is Anyone A Salaried Employee That Has Been Docked Overtime Pay?
« Reply #12 on: October 05, 2015, 08:34:14 AM »
I agree, just suck it up and move on.  It's not fair, but life's not fair.  You are still making bank.

I would make note of it and throw it back in my employer's face though.  Next time they asked me to stay late I would conveniently remind of them of how I was unfairly paid relative to my coworkers and tell them I would work that "extra hour" during my regular schedule tomorrow.  Or maybe not if it was going to stir up more trouble than it is worth.

mm1970

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Re: Is Anyone A Salaried Employee That Has Been Docked Overtime Pay?
« Reply #13 on: October 05, 2015, 03:12:53 PM »
exempt employee: you get paid for the 80 hours
Doesn't matter when you work them.

For the people who got paid for staying home, well, maybe they got lucky.  Happened to me once when we had wildfires - my daycare was closed for a week, ended up finishing the pay period at 78 hours, got paid for 80.  Now, of course, we've switched to PTO and they'd want me to take the hour.