User Panel
User Panel
User Panel
|
Posted: 5/7/2024 5:52:56 PM EDT
[Last Edit: donnieR32]
Have a friend that is salaried. She's intending to take 3 days off. She was told she won't be paid for those three days. From what I can tell, she works over 40 hours a week.
I'm my world, our employees accrue PTO and this would never fly. My friend works in the food service industry and I'm not well versed in that space. |
|
|
|
|
Posted: 5/7/2024 6:16:52 PM EDT
[#1]
I don’t earn PTO, because I have unlimited PTO.
But her situation sounds like she needs a new employer. |
|
|
|
|
Posted: 5/7/2024 6:17:31 PM EDT
[#2]
I don't think there's a law that requires PTO.....
But, if she's working more than 40 hours per week or 80 hours every two weeks and is not an exempt employee, she's probably due overtime. Salary or not. |
|
|
|
|
Posted: 5/7/2024 6:17:42 PM EDT
[#3]
Quote HistoryOriginally Posted By DDiggler: I don’t earn PTO, because I have unlimited PTO. But her situation sounds like she needs a new employer. Yeah "unlimited" is a different animal. |
|
|
|
|
Posted: 5/7/2024 6:18:10 PM EDT
[#4]
That's an awful arrangement. My last 4 or 6 jobs over 30+ years have been salaried and I've always earned PTO. Sometimes it was done as x amount of hours per day or per week or per pay period. Way back I did have one salaried position that simply granted 3 weeks time off on January 1 every year. I currently get something like 28 hours a month but I've been here about 15 years.
|
|
|
|
|
Posted: 5/7/2024 6:19:25 PM EDT
[#5]
Quote HistoryOriginally Posted By WWolfe: I don't think there's a law that requires PTO..... But, if she's working more than 40 hours per week or 80 hours every two weeks and is not an exempt employee, she's probably due overtime. Salary or not. Was just told over time pay is in the form of picking up extra shifts to earn tips.... no real OT. To clarify, this is a pub/restaurant. |
|
|
|
|
Posted: 5/7/2024 6:24:01 PM EDT
[#6]
Quote HistoryOriginally Posted By donnieR32: Was just told over time pay is in the form of picking up extra shifts to earn tips.... no real OT. To clarify, this is a pub/restaurant. Oh - that's different, I think. A job that involves tipping has a much lower minimum wage, and employment rules. |
|
|
|
|
Posted: 5/7/2024 6:29:53 PM EDT
[#7]
Quote HistoryOriginally Posted By WWolfe: Oh - that's different, I think. A job that involves tipping has a much lower minimum wage, and employment rules. Quote HistoryOriginally Posted By WWolfe: Originally Posted By donnieR32: Was just told over time pay is in the form of picking up extra shifts to earn tips.... no real OT. To clarify, this is a pub/restaurant. Oh - that's different, I think. A job that involves tipping has a much lower minimum wage, and employment rules. I figured that dynamic mattered. Salaried but not salary or cap on hours and no PTO sounded strange. |
|
|
|
|
Posted: 5/7/2024 9:26:49 PM EDT
[#8]
Quote HistoryOriginally Posted By donnieR32: Was just told over time pay is in the form of picking up extra shifts to earn tips.... no real OT. To clarify, this is a pub/restaurant. Quote HistoryOriginally Posted By donnieR32: Was just told over time pay is in the form of picking up extra shifts to earn tips.... no real OT. To clarify, this is a pub/restaurant. I'm gonna guess her employer is using "salary" to break labor laws. Tips and salary don't usually go together and US DOL has a minimum amount that must be paid as salary. To qualify for exemption, employees generally must be paid at not less than $684* per week on a salary basis. You might point her at this link. https://www.dol.gov/agencies/whd/fact-sheets/17g-overtime-salary |
|
|
|
|
Posted: 5/7/2024 10:21:49 PM EDT
[#9]
Quote HistoryOriginally Posted By Andr0id: I'm gonna guess her employer is using "salary" to break labor laws. Tips and salary don't usually go together and US DOL has a minimum amount that must be paid as salary. You might point her at this link. https://www.dol.gov/agencies/whd/fact-sheets/17g-overtime-salary Quote HistoryOriginally Posted By Andr0id: Originally Posted By donnieR32: Was just told over time pay is in the form of picking up extra shifts to earn tips.... no real OT. To clarify, this is a pub/restaurant. I'm gonna guess her employer is using "salary" to break labor laws. Tips and salary don't usually go together and US DOL has a minimum amount that must be paid as salary. To qualify for exemption, employees generally must be paid at not less than $684* per week on a salary basis. You might point her at this link. https://www.dol.gov/agencies/whd/fact-sheets/17g-overtime-salary I will. Thank you |
|
|
|
|
Posted: 5/7/2024 10:43:04 PM EDT
[#10]
didn't the .Gov come out with new salary guidelines for employee's like this in the past month?
|
|
|
|
|
Posted: 5/7/2024 10:45:35 PM EDT
[#11]
A salaried position at a bar/restaurant? Unless she is management (and probably not even then) then they are probably breaking the law. The government has rules on the types of positions that can be salaried.
|
|
|
|
|
Posted: 5/7/2024 11:25:43 PM EDT
[#12]
Originally Posted By donnieR32: Have a friend that is salaried. She's intending to take 3 days off. She was told she won't be paid for those three days. From what I can tell, she works over 40 hours a week. I'm my world, our employees accrue PTO and this would never fly. My friend works in the food service industry and I'm not well versed in that space. It's very common to be salary and have to charge vacation or sick. Generally it says more than one half day gone. Salary = surprise you now get to work 70 and we don't have to pay you or provide you with the requisite meal and rest break periods. |
|
|
|
|
Posted: 5/8/2024 10:14:59 AM EDT
[#13]
Every salary job I ever had fell into 3 categories:
1. You get granted x number of days PTO on Jan 1. Use it or lose it. 2. You earn/accrue PTO. You can bank some of your unused PTO for the next year. If you need to take vacation in January, you have to get permission to "borrow" against your planned PTO, or they could make you take time off without pay. 3. Unlimited PTO, where I am at now. |
|
|
|
|
Posted: 5/8/2024 11:01:35 AM EDT
[#14]
Yes, salaried positions without PTO exists.
I'm salaried and am contracted to work 260 days a year (52x5), but I accrue 20 vacation days to use whenever I want, along with 12 sick days, 3 personal days, and 11 or 12 paid holidays. My employer recently changed policies for new people, and people that change positions. My supervisor got his job after the policy change. He does not accrue any vacation time. All he gets is 2 personal days and 10 sick days, no vacation time or holidays. He's also only paid for 220 days a year, and has no say in when he takes any time off. The HR department has him take some unpaid time off around Christmas and in the summer (and he's off on the holidays I get paid for but he doesn't get paid for). Apart from those 2 personal days he can't decide to take a paid day off just because he wants to. |
|
|
|
|
Posted: 5/8/2024 11:03:51 AM EDT
[#15]
If you consistently work over 40 hours a week and don't take/get PTO, you made a bad choice not being hourly.
Ask me how I know 
|
|
|
|
|
Posted: 5/8/2024 11:07:42 AM EDT
[#16]
Quote HistoryOriginally Posted By KentuckyMarksman: My supervisor got his job after the policy change. He does not accrue any vacation time. All he gets is 2 personal days and 10 sick days, no vacation time or holidays. He's also only paid for 220 days a year, and has no say in when he takes any time off. The HR department has him take some unpaid time off around Christmas and in the summer (and he's off on the holidays I get paid for but he doesn't get paid for). Apart from those 2 personal days he can't decide to take a paid day off just because he wants to. Thats nuts. |
|
|
|
|
Posted: 5/8/2024 2:25:30 PM EDT
[#17]
Quote HistoryOriginally Posted By FALARAK: Thats nuts. 100% agreed, and that was a big factor in my decision to not apply for my supervisor's job when it was posted. It only pays $10k (before tax) more than my job, and with the added responsibilities, evening work, and total lack of flexibility in time off it just wouldn't be worth it to me. |
|
|
|
|
Posted: 5/8/2024 2:49:20 PM EDT
[#18]
Quote HistoryOriginally Posted By Foxxz: A salaried position at a bar/restaurant? Unless she is management (and probably not even then) then they are probably breaking the law. The government has rules on the types of positions that can be salaried. Operates as the GM, but gets bar shifts when people call out. Gets to keep the tips. |
|
|
|
GA, USA
|
Posted: 5/8/2024 2:59:23 PM EDT
[#19]
At my work, we don't accrue PTO. Its unlimited. From the day you start work, you have infinity PTO. Obviously if you abuse it, they'll learn the company runs fine without you and terminate you.
|
|
|
|
Posted: 5/8/2024 3:02:08 PM EDT
[#20]
Quote HistoryOriginally Posted By donnieR32: Operates as the GM, but gets bar shifts when people call out. Gets to keep the tips. He’s probably better off just taking regular job/shifts. Management going in dry. In his current spot, treat it like a contractor/1099 gig, work an extra 24 hours and take the time off. |
|
|
|
MO, USA
|
Posted: 5/8/2024 3:37:12 PM EDT
[#21]
I've never worked a salaried position and didn't get PTO/Sick Time, and that is all I work. And comp days for working on a weekend.
Your friend has a shitty employer. She should look elsewhere. |
|
|
TX, USA
|
Posted: 5/8/2024 4:35:13 PM EDT
[#22]
Quote HistoryOriginally Posted By KentuckyMarksman: Yes, salaried positions without PTO exists. I'm salaried and am contracted to work 260 days a year (52x5), but I accrue 20 vacation days to use whenever I want, along with 12 sick days, 3 personal days, and 11 or 12 paid holidays. My employer recently changed policies for new people, and people that change positions. My supervisor got his job after the policy change. He does not accrue any vacation time. All he gets is 2 personal days and 10 sick days, no vacation time or holidays. He's also only paid for 220 days a year, and has no say in when he takes any time off. The HR department has him take some unpaid time off around Christmas and in the summer (and he's off on the holidays I get paid for but he doesn't get paid for). Apart from those 2 personal days he can't decide to take a paid day off just because he wants to. That last paragraph: Yeah, fuck that. |
|
|
Win a FREE Membership!
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.
