I need a quick course on exempt vs non-exempt employees.
Can anyone tell me--DEFINITIVELY, and with sources--what the laws are in
Texas concerning -salaried- white-collar employees? Specifically, I
need to know about the issue of being docked for time off during a week
in which the employee worked some part of the week.
Several months ago I casually read some posts here about this very
topic, and I seem to recall that they said an "exempt" (salaried,
professional, white-collar) employee cannot be docked for time off
during any week in which they worked. Please note that I said I read
them CASUALLY! At the time, I had no need to know this, but now I need
clarification. If I'm confusing the two terms, exempt and non-exempt,
please correct me.
Thanks.
--
"Tomorrow...I'm going to quit procrastinating"
and other funny/sarcastic items:
www.SmartAssProducts.com

[If this appears twice, sorry!]
I need a quick course on exempt vs non-exempt employees.
Can anyone tell me--DEFINITIVELY, and with sources--what the laws are in
Texas concerning -salaried- white-collar employees? Specifically, I
need to know about the issue of being docked for time off during a week
in which the employee worked some part of the week.
Several months ago I casually read some posts here about this very
topic, and I seem to recall that they said an "exempt" (salaried,
professional, white-collar) employee cannot be docked for time off
during any week in which they worked. Please note that I said I read
them CASUALLY! At the time, I had no need to know this, but now I need
clarification. If I'm confusing the two terms, exempt and non-exempt,
please correct me.
Thanks.

I didn't read it carefully, so I can't be sure, but this site seems to have
the answer:
http://www.employersassoc.com/FOD/1010.pdf
McGyver


"Happy Thoughts" <BogusAddress@no.spam.com> wrote in message
news:7Y61c.18294$aT1.5920@newsread1.news.pas.earthlink.net...

29 USC 201 et seq is the Fair Labor Standards Act. You are correct,
but the definitions you need to read are in 29 CFR 541.118.
An exempt employee is supposed to be paid full weekly salary for in
any week in which they do any work. However the definitions permit
salary to be reduced if an exempt employee make himself absent from
work for personal reasons for one day or more. Pay can docked in 1
day increments. (being out sick is not a personal reason under the
definition so pay can't be docked - unless there is a compliant sick
time plan that pays the employee while out sick)
Otherwise an exempt weekly salary cannot be subject to reduction for
variations in quality or quantity of work performed, not can the
salary be based on the number of days or hours worked.
Vacation pay is not considered salary under the FSLA (or the
applicable definitions). When you are gone for personal reasons for
one day or more, the employer can reduce your salary and then use a
vacation pay to make up the dollar amount on the paycheck.
I am not a lawyer. But I recently did a bunch of research on this to
confirm that I was handling my exempts properly. I had some
management counterparts treating their exempts incorrectly - docking
pay and requiring vacation to be used for partial days (hours).

Curtis CCR wrote:
Can anyone tell me--DEFINITIVELY, and with sources--what the laws are in
Texas concerning -salaried- white-collar employees? Specifically, I
need to know about the issue of being docked for time off during a week
in which the employee worked some part of the week.

Thank you so much for taking the time to post this information. The
very reply in this thread pointed me in the right direction, and your
reply adds to it. This is -exactly- what I was hoping to find out and
I'm currently doing more research on it.

I read the other reply after I posted mine. I sent to the same
regulatory reference. I have an article on one of my computers that
written by a labor attorney from a state bar association (I don't
remember which state). It's not on my laptop, so when I get home
tonight I'll check my Mac. It's a really good article that will will
probably answer all of your questions - it was the best one I found
when I was seaching for the same information not long ago.

Curtis CCR wrote:

If you can find that article I'd love to see it! Thanks.