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  1. #1
    Join Date
    Aug 2006
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    25

    Default Salaried Employee vs. Hourly Employee

    I was just curious if there were any laws out there that specifically define what a salary employee is versus an hourly employee. I am a salaried employee but yet I feel as though I am treated as an hourly employee. My boss makes us use vacation and sick time for personal appointments...but yet when we work late or on weekends we aren't compenstated for it. Please advise.

    Thanks!!

  2. #2
    Join Date
    Sep 2005
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    73,761

    Default Georgia Overtime Law

    According to the Georgia Secretary of State,
    Quote Quoting Georgia Wage & Hour Law
    The Fair Labor Standards Act sets out minimum wage and overtime requirements that apply to any employer who engages in interstate commerce (which is deemed to include any business with revenues of $500,000.00 per year.) Under the law, non-exempt (hourly) employees must be paid a minimum wage which is $5.15 per hour. When a non-exempt (hourly) employee works more than forty hours in a week, the employer must pay the employee one and one half times their regular rate of pay for every hour over forty worked that week. Employees engaged in executive, administrative or professional capacities and paid on a salary basis are exempt from this act. (That is, these employees do not have to be paid overtime). Because the Federal law is more stringent than the Georgia law, an employer who is in compliance with federal law also complies with Georgia law.
    I can't say that I'm surprised that your employer doesn't wish to pay you when you take time off of work for personal matters - although it does benefit you that you can use sick time as personal time. As for not being paid for overtime, that's one of the downsides of collecting a salary. If you think you are misclassified as an exempt employee, you may find this information from the U.S. Department of Labor to be helpful.

  3. #3
    Join Date
    Jul 2005
    Location
    Texas
    Posts
    254

    Default Re: Salaried employee vs. Hourly employee

    It is not a matter of salary vs. hourly, it is whether you are classified as exempt or non-exempt. Your job responsibilities determine whether you are exempt or non-exempt.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
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    17,154

    Default Re: Salaried employee vs. Hourly employee

    And regardless of whether you are exempt or non-exempt, it is legal, and not particularly uncommon, to require you to use sick, vacation or personal time to cover partial day absences.

  5. #5
    Join Date
    Aug 2006
    Posts
    25

    Default Re: Salaried employee vs. Hourly employee

    I don't have an issue with using sick time or vacation to cover personal appointments...but I do have an issue when I work lunch and later than what is stated in my agreement with the company. So, if I am to understand correctly...as a salaried employee...you boss may require you to work longer without compensation and then to top it off, force you to use sick time and vacation to cover personal appointments....where are workers' rights?

  6. #6
    Join Date
    Aug 2006
    Posts
    25

    Default Re: Salaried employee vs. Hourly employee

    I don't have an issue with using sick time or vacation to cover personal appointments...but I do have an issue when I work through lunch and later than what is stated in my agreement with the company. So, if I am to understand correctly...as a salaried employee...you boss may require you to work longer without compensation and then to top it off, force you to use sick time and vacation to cover personal appointments....where are workers' rights?

  7. #7
    Join Date
    Aug 2006
    Posts
    25

    Default Re: Salaried employee vs. Hourly employee

    I don't have an issue with using sick time or vacation to cover personal appointments...but I do have an issue when I am required to work through lunch and later than what is stated in my agreement with the company. So, if I am to understand correctly...as a salaried employee...your boss may require you to work longer without compensation and then to top it off, force you to use sick time and vacation to cover personal appointments....where are workers' rights?

  8. #8
    Join Date
    Jan 2006
    Posts
    27,109

    Default Re: Salaried employee vs. Hourly employee

    It depends whether you are "exempt" per the federal dept of labor rules. If you are exempt, your SOL, it you are not, you are still eleigible for overtime pay. Salaried employess can recieve overtime pay IF the are not expempt. You were told that several times. Now go to the website below and see if you are exempt or not.

    http://http://www.dol.gov/esa/regs/c...a_overview.htm



    It also appears there is no requirement for either a break or lunch in Georgia. If the choose not to give you any breaks, it is within thier rights.

  9. #9
    Join Date
    Sep 2007
    Posts
    23

    Default Re: Salaried employee vs. Hourly employee

    Quote Quoting needofhelp
    View Post
    I don't have an issue with using sick time or vacation to cover personal appointments...but I do have an issue when I work through lunch and later than what is stated in my agreement with the company. So, if I am to understand correctly...as a salaried employee...you boss may require you to work longer without compensation and then to top it off, force you to use sick time and vacation to cover personal appointments....where are workers' rights?

    IF you have a contractual agreement with yoru employer that fully lays out terms and conditions, length of employment (start and ending date) and is signed by both yourself and someone of supreme authority in the company it will trump the minimums defined by labor and employment law.

    I'd find out if you have a valid employment contract and if you do the company must strictly abide by its contents, and so do you.

    My guess is that you dont have a strictly enforceable employment contract. That is unless you are an athelete or someone that is very much in demand.

    Eric

  10. #10
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Salaried Employee vs. Hourly Employee

    You replied to a thread from 9-2006. I assume the issue probably has been resolved by the OP by now.
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