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  1. #1
    Join Date
    Mar 2010
    Location
    Los Angeles, CA
    Posts
    37

    Arrow Salaried and On-Call, No Overtime and No On-Call Pay

    State: California
    Occupation: Computer Technician (troubleshoot computer related problems in a hospital)

    So I know I get paid salary and when I was hired I was told that I was exempt. Which is lets just say $40k a year. So since its salary shouldn't it be $40k a year regardingless if I work more or less hours?

    Here is whats going on? I work 8 hour shifts. Sometimes (like 2 times a year), I need to leave 4 hours early. When I do leave 4 hours early, I only get paid for 4 hours, as if I am hourly not salaried. If I want those extra 4 hours I need to come in and work those extra 4 hours. Similar to when I call in sick, if I call in sick they deduct it from my vacation hours. So if I am salaried, does it matter if I work 4 hours or 8 hours? shouldn't I get paid for the whole day anyways without having to come in and make up those hours?

    Here is another thing. On top of those 8 hour shifts, sometimes I spend an extra hour (atleast once a week) at work which they don't pay me. I totally understand that its beacuse I am salaried. But if I give them my 1 extra hour without getting paid then why do they hassle me about my 4 hours which I need to make up?

    Now the on-call. I am on-call 3 months out of the year for 4 hours which I don't get paid for. During my on-call them I can't do anything except wait for the phone call. Am I suppose to get any on-call pay?

    Also, during my on-call period every wednesdays I am on call for 12 hours including the graveyard hour. They used to have an hourly person work those shift, but he quit a few years ago and so that is the reason for the 12 hour on-call. The reason they don't hire anyone to cover this shift is because they know that I will cover it for free.

    One last thing. Do I need to do things that are not part of my job description? I was just asked to check, record & deliver all incoming deliveries into our department. It sounds like a full time job for a delivery man. We get hundreds of deliveries each day.

    If there is something wrong here? and if so, can I do something legally?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Salaried and On-Call, No Overtime and No On-Call Pay

    Is your PAY being docked? Are the dollars in your paycheck less? Or are time banks being docked while the dollars in your paycheck remain the same?

    It makes a difference.

    As to the job descriptions, you can be required to do anything the employer wants you to as long as it is not illegal or unsafe by OSHA standards, regardless of whether it is in your job description, unless a legally binding and enforceable contract or CBA expressly says otherwise. (And it would be rare to the point of being unheard of if a contract did.)

  3. #3
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Salaried and On-Call, No Overtime and No On-Call Pay

    And not exactly your question, but I have my doubts that you even meet the duties tests for exempt status.
    http://www.dir.ca.gov/IWC/IWCArticle4.pdf

    Are you reporting all hours you work or just 40 hours per week or not reporting your hours at all? There's a reason I'm asking.

  4. #4
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Salaried and On-Call, No Overtime and No On-Call Pay

    Quote Quoting PattyPA
    View Post
    And not exactly your question, but I have my doubts that you even meet the duties tests for exempt status.
    http://www.dir.ca.gov/IWC/IWCArticle4.pdf

    Are you reporting all hours you work or just 40 hours per week or not reporting your hours at all? There's a reason I'm asking.
    Exempt status can also be assigned based on your supv. credentials.

    But in this case, it is moot. As he is not getting paid for hours he does not work it is proof that the company considers him to be a non-exempt employee but does not compensate him for his overtime hours when earned.

    This point is a slam dunk ..

    I dont think that you will get paid as non-exempt for hours not worked (ie just on-call) but I may be wrong.

    Yes, your employer can ask you to do other things outside your job description normally.

    I really think that you are exempt but are not paying you as such. Making up hours on a different week to makeup for hours taken in a previous week is a no-no.

    You can call/write your state DOL. If you have records of you overtime hours you should get paid for them; cause they are treating you as a non-exempt employee.

  5. #5
    Join Date
    Mar 2010
    Location
    Los Angeles, CA
    Posts
    37

    Default Re: Salaried and On-Call, No Overtime and No On-Call Pay

    I only report 40 hours per week. We clock in once and never clock out since we get paid for the whole day. But my time is being docked, I work 2 hours less, so I make up those hours the next day.

  6. #6
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Salaried and On-Call, No Overtime and No On-Call Pay

    Immediately start tracking your total hours worked, by day and by workweek, on your own time, at home; a paper notebook is fine. If you decide to file a claim for unpaid overtime, you're going to want that information.


    In the situation you mentioned, what happens if you don't make up those two hours? Would your salary be docked? Or would you get your regular salary and the two hours be deducted from your paid time off bank?

  7. #7
    Join Date
    Mar 2010
    Location
    Los Angeles, CA
    Posts
    37

    Default Re: Salaried and On-Call, No Overtime and No On-Call Pay

    Well I've never tried not working the extra 2 hours so I wouldn't know what would happen. It had always been an understanding that if I leave a few hours early I have to make up for it some other day.

  8. #8
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Salaried and On-Call, No Overtime and No On-Call Pay

    Honestly, I'd record your actual hours for say, 2-3 months, then file a claim for unpaid overtime with the DLSE and see if they agree or disagree with your classification as an exempt employee.

  9. #9
    Join Date
    Mar 2010
    Location
    Los Angeles, CA
    Posts
    37

    Default Re: Salaried and On-Call, No Overtime and No On-Call Pay

    Perfect, I started tracking my time. Thank you!

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