salary to hourly

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Latest post 10-06-2011 10:13 AM by Drew. 7 replies.
  • 10-05-2011 7:56 PM

    • Billeboy
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    salary to hourly

    I was out for an illness for 5 days with a doctors note. when i returned to work I had a doctors note to only work for 4 hours a day due to still healing. I am a salary manager when I came back they told me that I would only be paid an hourly rate for 4 hours a day. is this legal in Pennsylvania?

  • 10-05-2011 8:28 PM In reply to

    Re: salary to hourly

    Sure

  • 10-05-2011 8:44 PM In reply to

    • LG81
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    Re: salary to hourly

    Billeboy:

    I was out for an illness for 5 days with a doctors note. when i returned to work I had a doctors note to only work for 4 hours a day due to still healing. I am a salary manager when I came back they told me that I would only be paid an hourly rate for 4 hours a day. is this legal in Pennsylvania?

    First please remember that salary versus hourly is just a mode of payment; what matters for classification purposes is exempt versus nonexempt.  I am not an expert in PA employment law, but in most states, an exempt employee (which is sounds like you are classified as one) can be paid half days if that's all that's worked.  However, let's say the exempt employee worked six hours, he or she would need to be paid for a full day.  E.g., if you are exempt salary and took a couple of hours off (but not a full half day) to go to a dr's appointment, you could not be docked for that.  The theory behind that is sort of that it all works out in the end; an exempt employee often works a lot of free "OT", so an hour here or there sort of balances things out.  I hope this makes sense.

  • 10-05-2011 10:25 PM In reply to

    • cbg
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    Re: salary to hourly

    It's legal in every state if the remainder of the day is being charged to FMLA.

    (In no state can an employee be paid for only half days if that's all they work. Under Federal law, the ONLY circumstances under which an exempt employee does not have to be paid for a full day if they work any part of it, is if the rest of the day is applicable to FMLA OR if it is the first or last week of employment. In all states, however, an employee who works a partial day can be required to use paid time off to fill in the gaps.)

  • 10-06-2011 12:04 AM In reply to

    • Drew
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    Re: salary to hourly

    Well perhaps if its charged to FMLA--but are you eligible for FMLA and have you requested same?



  • 10-06-2011 12:12 AM In reply to

    • Drew
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    Re: salary to hourly

    On rethinking-as a salary-exempt  -I think you can be docked for full days--but not for partial days --but I'll be darned if I can put my finger on it.



  • 10-06-2011 9:50 AM In reply to

    Re: salary to hourly

    You are correct, Drew.  That's a provision of the FLSA.  However if the OP's time off is FMLA, that is the exception.  FMLA time need not be paid, even for exempt employees.

  • 10-06-2011 10:13 AM In reply to

    • Drew
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    Re: salary to hourly

    Bottom line--if firm is reasonably accomodating --do not start a conflict if its likley to be short term ---nasty taste can linger far longer....and may hurt you down the road.

    That said --be a bit wary of being given 90% of a full load and being exected to complete it in 20 hours each week  or the  40% over the 50%   is put on shelf and when you return to FT you can put in 75 hour weeks to catch up --and if exempt I can work you 100 hours a week --goes with the turf.  Apply a dose of common sense and street smarts? .



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