Salaried employee-days of service

[vacation]

i am a salaried worker who works when dispatched and scheduled. this year their is 99 weekend days, so i should have 99 days off plus 21 vacation days. if i am scheduled in a way that i have more than the 99 days off, can the employer carry the remainder days to the next year? for example i would owe them days. the company vacation day policy does not allow vacation days to be carried over year to year. also can the employer count vacation days as in the pool of general days off, even if the employee has not requested vacation?

 

[Patricia_Young]

Huh? "Salaried" is merely a pay method. Are you exempt or nonexempt? What type of work do you do (not your job title, but your duties) and what type of business is this (not its name).

Generally speaking, your "salary" may be supplemented by vacation if you do not work the requisite time to earn your regular salary. The employer does not need the employee's approval to do so.

 

[vacation]

Thanks for your quick answer. I believe that I am exempt...that being said, I am a broadcast engineer that is paid a salary plus client billable overtime. Are work days transferrable between years? For example can the employer state that I owe the 20 days some of those days being from a previous year when I resign?

 

[Patricia_Young]

I still don't understand.

First of all, what does a "broadcast engineer" do exactly?

Secondly, is the employer saying that, if you do not work XX number of days in a year, your vacation will be used to make up the days for which you are not called out?

Thirdly, is the employer saying that, if you use up your accrued vacation as in "secondly", they are requiring you pay back any salary paid in excess of the accrued vacation at termination?

 

[vacation]

the type of broadcast engineering i do requires me to travel to sporting events around the country. i maintain and configure broadcast equipment to client specifications.

to answer your second question:
i think the employer kind of pools the vacation days and weekend days together to kind of have a reference, i don't think it is a malicious thing but an easy way to gauge if a person is not working or being overworked. we have over 50 technicians working incredibly odd and different schedules that change constantly.

third question:
i do believe if you quit and you up until that point have worked less that you should have and and you don't have any more vacation days to kind of fill that void, they would ask you to work a few more shows until you are even on days.

 

[Patricia_Young]

It's not impossible that you meet the criteria for exempt status, but without knowing exactly what your duties are, I can't form an opinion.
http://www.dol.gov/esa/whd/regs/compliance/fairpay/fs17a_overview.pdf

But, let's say for the sake of argument, that you meet the criteria for one of the exempt classifications. You would need to be paid your salary of at least $455 per week for any workweek in which you performed any work (with limited exceptions). A salaried exempt employee need not, however, be paid if you do NO work for an entire workweek. You need to read all the applicable regulations regarding the meaning of "salaried basis" for exempt salaried employees here:
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/Subpart_G.htm