We just had a corporate company take over the dental office I work for. I was given the position of manager with a salary. They gave me an hourly wage increase to adjust for the overtime and bonus we were losing. I have over 30 hours of overtime not paid in the past 4 weeks. When I took 2 days off sick I was docked from my vacation time. I was told that if I clock out early I will lose that time. If I am out and do not have sick time or vacation time on the books I will be docked that time. Yet I am expected to work overtime and not be compensated for it. Is this legal? What is the advantage of being salary in this situation. I have never heard of such means of being salary. I am not guaranteed anything. I am in Florida and I do have to clock in and out. That is why I thought they kept track of hours to ensure that you are compensated when you are out for personal reasons or illness.

Under Federal Law certain job duties classify employees as management or salaried instead of hourly. Companies reclassify in order to avoid paying overtime.

I don't understand about the overtime - did you earn it before the change and why hasn't it been paid to you?

It's not unusual for salaried employees to earn vacation/sick time and if they take off without time built up, they are docked. I have seen companies offer "comp time" - over a certain number of hours in lieu of overtime you are given complimentary hours.

Right now with unemployment as high as it is I'm sure companies are cutting back on benefits - and that's what time off is.

When I worked as an employee for Dr. Gluhareff I was the assistant manager for his dental offices and acting manger of Quail Meadows. I was on salary plus bonus. It was my experience that brought his offices up in production and collections that we were all making 800- 2000. A month in bonus. Because we were consistent with our bonuses we did not have raises for the past 2 - 3 years.

When the corporation came in purchased the businesses from Dr. Gluhareff they made me the manager of Quail Meadows and separated the 2 offices. I went from hourly to salary. I am not to allow my staff overtime, but I am to do my job, plus the management position. We are a small office and do not have room for a third person up front. So I am on overtime to get the required task done. Since they took over I have 30 hours of overtime. Being salary I assumed that meant that I was guaranteed my salary, especially if I don't get paid my overtime. They made me take my vacation time that I had accumulated under Dr. Gluhareff when I was out sick, for we had no sick time benfits with Dr. Gluhareff. He is still employeed with them, as a Dental Director, and the deal was we did not lose our position or benefits because of the take over. When I questioned it and showed themwhere I had all this over time they informed me that they do not roll over hours from one day to the next. I do not accumulate time and I do not get paid the overtime. If I had no sick time or vacation time benefits and I was out a half day or a whole day I would be docked for it from my salary. How can this be fair, that I am required to work all these hours and not get paid and they dock me if I am out?
The paperwork they require and reports are unbelievable. We always had overtime and that is why they want it stopped, which means we have to cut back on production to get out on time. But it doesn't relieve me of my task.

It is legal - you can ask to go back to hourly or you can leave. Harsh but true. It's employment at will - as long as you want to be there and as long as they want you there. Do you have an employment contract that covers these matters?

I would also suggest that you remove the names from your post - you never know who is reading these boards and you may be causing yourself some problems.

Some real red flags in this post. Whether it's Florida or South Dakota, it doesn't matter with exempt versus non-exempt. The exemptions from overtime pay are a regulation from the Wage and Hour Division of the US Dept. of Labor. The new owners cannot pay you based on the amount of TIME that you work if you are exempt from overtime under the Fair Labor Standards Act (FLSA). They are in violation of the FLSA if they are withholding pay for an "early clock out" if you are exempt, and could very well lose the exemption they gave you as a result. You could also be awarded back overtime pay.

Tomsten11, with all due respect - this was asked and answered in 2008. I don't know if the laws have changed since that time.

You also addressed part but not all of the question.

At any rate, no one will be notified of this thread except for the people who have already participated.