Exemption with timecards?
I am a salaried worker making 35k per year as a marketing writer. They recently enforced a new rule for ALL employees (Salary and hourly) that you must clock in and out every day. They said if I leave 30 minutes early, they will take away 30 minutes of vacation.(regardless of how many hours I work that week) However any overtime is unpaid... Can they still declare me as exempt and have such strict time rules?
1 answer | asked Feb 26, 2003 07:47 AM [EST] | applies to Illinois
Answers (1)
Exemption with timecards?
Whether you are exempt is a matter of control. You are not exempt simply because the employer puts you on salary and says that you are. You are likely owed overtime for any hours worked over 40 per week. The kind of control that they are exercising over you in this case makes it even more likely that you are not exempt. Of course I would have to review all the facts of your employment more carefully. If you have been denied overtime you are entitled not only to the monies owed, but to an additional equal amount as "liquidated damages". I would advise you to call an attorney immediately whether it is our offices or one of the other quality employment lawyers in Chicago.
Aaron Maduff
posted by Aaron Maduff | Feb 26, 2003 10:54 PM [EST]
Whether you are exempt is a matter of control. You are not exempt simply because the employer puts you on salary and says that you are. You are likely owed overtime for any hours worked over 40 per week. The kind of control that they are exercising over you in this case makes it even more likely that you are not exempt. Of course I would have to review all the facts of your employment more carefully. If you have been denied overtime you are entitled not only to the monies owed, but to an additional equal amount as "liquidated damages". I would advise you to call an attorney immediately whether it is our offices or one of the other quality employment lawyers in Chicago.
Aaron Maduff
posted by Aaron Maduff | Feb 26, 2003 10:54 PM [EST]
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