If I work for a company that classifies my position as salary exempt, at what point am I considered hourly instead of salary?

UPDATED: Sep 30, 2022

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If I work for a company that classifies my position as salary exempt, at what point am I considered hourly instead of salary?

That being said, we are charged PTO for every hour we are not there whether it is due to illness, personal, etc. I understand that companies can charge against your PTO bank. However, when you have exhausted that bank can they charge you for PTO that you have not accrued yet? Also, our time is tracked to the minute. There are times when we are required to stay for meetings until 9 pm but still required to be in at 8 am. Most employers will give comp time or let you flex your time in these instances.

Asked on February 10, 2016 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

1) Employers can require you to work any hours they want, and can discipline, or even terminate, you for not working thise hours, even if you are salaried.
2) However, if you are salaried, they can't charge you PTO hours or dock PTO (or pay) if you miss hours; they can only do this if you miss a while day at a time. But again, if they feel you are missing work or not working enough, they can discipline you in any way up to and including termination of employment.

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