Exempt Employee Question
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Exempt Employee Question
I am an exempt employee that just quit my job due to the stress it causes me. I have always had to
work over 65 hours/week to get things done. The work that I was charged to do far outweighed the
load on any other manager in my department requiring me to work even when using SSL or PTO. I would
literally call in sick to work so that I could get caught up with work that needed to be completed.. As an
exempt employee they still docked my pay several time because I didn’t have enough sick time available to
cover my time off. How can they dock my pay for not having enough SSL but then not pay me overtime?
Asked on November 1, 2019 under Employment Labor Law, Minnesota
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The two things are separate.
1) An exempt employee does not receive overtime no matter how many hours they work.
2) While an exempt employee cannot be docked pay for missing a few hours on a workday they otherwise work (e.g. if you leave at noon for a doctor's appt.), an exempt employee does not have to be paid for any normal workday where they don't work at all (i.e. if you did not come in at all on a Tuesday)--that's why you need and use paid time off, to cover days that you miss from work. So if you missed entire days without having PTO to cover those days, they could legally not pay you for those days.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.