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I have been employed as manager of an independently owned health food store I work 40+ hours a week and received salary and received paid holidays, sick days, and vacation time. Ive never been given a raise in the 4 years Ive worked for her but recently was given extra time off to compensate no raise. Recently she tells me I I am non exempt because I perform cleaning duties etc....therefor she has changed me to hourly pay, and has taken away all of my benefits (vacation, sick pay, holidays) including the time off she gave me recently. My jobs duties have not changed.. She tells me it is out of her control that the law does not allow non exempt employees to have paid time off. Is this true?
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Your question raises a number of issues. First, if you were improperly catagorized as an exempt employee when you were not, then your employer may owe you overtime pay for any week you worked over 40 hours in the last 2-3 years. She may also owe you an additional penalty in the amount of the unpaid overtime. Second, she may also owe you overtime in the future if you work more than 40 hours in a week. There are several "mays" in this paragraph because the detailed exceptions to the general rule are too lengthy to get into in this forum. See www.dol.gov for more information on overtime.
Third, the law does not require a Texas employer to give sick leave, vacation or holday pay to anyone and does not regulate what kind of employees get those benefits or not. So your employer can deny them to you due to your new status. However her statement that the law does not allow non-exempt employee to have paid time off is not true.
Answered on Jul 08th, 2013 at 4:16 PM
The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.