Exempt Employee Question

UPDATED: Oct 2, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 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.

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