DEAR CARRIE: I am a health care professional with a national chain. One would think that I am an exempt employee since I am salaried. But I am not. I get paid overtime for any hours over 40. But this is not paid as time-and-a-half, but rather straight time plus a $30 an-hour "premium." Is this legit? I can't find anything in writing supporting the company policy. Also, any hours I take off for any reason are paid by deducting from my sick or vacation days. Is this legal?
_ What's My Status?
DEAR WHAT'S: Being salaried alone doesn't determine whether workers are exempt. While exempt workers have to be salaried, their status is primarily determined by their duties.
And since you indicated you are a "health care professional," you could be exempt on a "professional" basis if your job requires such things as a degree and the consistent use of discretion and judgment in performing your work. Doctors and registered nurses fall into the professional category, for example.
If you are exempt, your company doesn't have to pay you for any extra hours you work, let alone overtime. So if you are exempt and getting paid for the extra hours, then your employer is paying you more than the law requires.
Whether you are exempt or not, the company can require that you cover missed hours with paid time off. That's key for exempt workers, because employers cannot dock their pay if they miss a few hours for a doctor's appointment. But companies can require them to use paid time off to cover that time.
I would suggest that you sit down with someone in human resources to try to determine what your status is. That may allay your fears that you are being cheated or give you the basis to challenge how you are classified and paid. If that doesn't work, call the U.S. Labor Department.
