Said salary job, but feel being treated like hourly?

Had a former employer where my compensatioon was susposed to be a salary yet our checks always stated an hourly rate and as "Regular Pay". Additionally we had only 6 sick days a year afterwhich you wouldn't be paid. Finally, we were forced for about a 3 year period to fill out a time card in which we were instructed to not exceed 40 hours per week and sign the card at the bottom where it stated something like "These hours are actual and truthful". I always put in over 40 per week and my question is , Was that legal?

1 answer  |  asked Nov 20, 2001 09:09 AM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
title doesn't make a difference

your question has two parts & it's not clear what your gripe is. first, employers have a variety of statutory obligations that justify making salaried employees record the actual hours they work, regardless of how they are paid. (e.g., certain hours worked within a certain calendar period determine whether an employee is entitled to fmla leave.) second, the amount of paid sick leave is irrelevant to meeting the salary basis test; if an exempt employee works any part of a workweek, (s)he's entitled to full pay. third, it is always a violation of the labor laws, for an employer to require an employee to fraudulently record the hours they worked, whether salaried or not.
the other part of your question though, is not stated. are you actually exempt? you need to sit down with an attorney experienced in employment law and review your actual job duties and the time you spent doing them. if you are alleging a company wide practice of fraudulent time cards, you also have other claims.
if you are in southern california, please call me for a free phone interview.
janet koehn
805-658-0655

posted by Janet M. Koehn  |  Nov 20, 2001 5:49 PM [EST]

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