Comments on: What Are My Rights as an Exempt Employee? https://www.evilhrlady.org/2021/12/what-are-my-rights-as-an-exempt-employee.html Everything to make HR better Thu, 30 Dec 2021 15:39:41 +0000 hourly 1 https://wordpress.org/?v=7.1.2 By: Anonymous https://www.evilhrlady.org/2021/12/what-are-my-rights-as-an-exempt-employee.html#comment-232716 Thu, 30 Dec 2021 15:39:41 +0000 https://www.evilhrlady.org/?p=6505#comment-232716 In reply to Evil HR Lady.

Yeah they are woefully understaffed now. “People don’t want to work anymore” didn’t you know?

The State I live in requires 30 days written notice of pay cuts, so I suspect this is why they tried to furlough/not furlough us. Thanks for confirming my gut reaction and thanks for your awesome blog! I’ve learned a lot of how to stand up for my rights professionally at work thanks to you.

]]> By: Evil HR Lady https://www.evilhrlady.org/2021/12/what-are-my-rights-as-an-exempt-employee.html#comment-232710 Wed, 29 Dec 2021 18:23:08 +0000 https://www.evilhrlady.org/?p=6505#comment-232710 In reply to Millenial Perspective.

No. The employer screwed up here. If the company is going to furlough exempt employees they can only do it in full week increments. The employee has to be the one taking the day off for it not to be paid.

What the company should have done is say “we’re cutting your pay by 20 percent.” As long as they give advance notice, they can do that legally.

Will they lose employees? Sure. But they’ll lose them and have the law on their heads how they did it here.

]]> By: Millenial Perspective https://www.evilhrlady.org/2021/12/what-are-my-rights-as-an-exempt-employee.html#comment-232709 Wed, 29 Dec 2021 16:32:16 +0000 https://www.evilhrlady.org/?p=6505#comment-232709 In reply to Millenial Perspective.

I just read the link. It’s a very clarifying overview!

I’m curious what you think about this scenario – employees are forced to take vacation time by the employers then during this mandatory phase they run out of PTO. Can the employer dock the pay then?

My ex company did this to all employees in lieu of furloughs. People were required to take 2 days off each week. Once they ran out of PTO it was unpaid.

Of course, it was understood you were really supposed to be working on those days off, but let’s pretend folks actually didn’t work on those days. Is that the same as a vacation if it’s employee mandated like that?

]]> By: Millenial Perspective https://www.evilhrlady.org/2021/12/what-are-my-rights-as-an-exempt-employee.html#comment-232708 Wed, 29 Dec 2021 16:13:03 +0000 https://www.evilhrlady.org/?p=6505#comment-232708 Don’t FLSA exempt staff also have to be calculated on a weekly or longer basis and not a daily basis? So even if you have to miss the whole day they can’t dock your pay?

]]> By: MariaRose https://www.evilhrlady.org/2021/12/what-are-my-rights-as-an-exempt-employee.html#comment-232701 Wed, 29 Dec 2021 01:23:21 +0000 https://www.evilhrlady.org/?p=6505#comment-232701 Great description of exempt employee pay, especially since you gave both the employer and the employee expectations. The big reason questions keep coming up about this has to do with incorrect assumptions on either side. If the employee doesn’t need all the time that the employer expected the specific job to be finished, there’s needs to be a discussion between them as to obligations. Some employers are more concerned with getting the job done and won’t care if the employee has more excess free time during the work week, and lets they do non-work/personal events despite being available to take on another job. And then there’s employers who figure that they are also paying for the employee to be working on jobs for a timeframe. Both situations have to be addressed upfront to avoid misunderstanding as asked by the individual questioning application for when they can use their PTO and paid sick time.

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