I'm a salary employee (Florida) who works +45 hours weekly. I injured myself and had to miss 2 weeks of work. My employer made me use my vacation days to cover the first week and I was docked pay for the second week. Shouldn't the extra hours I put in weekly count for something? I don't think I should have been docked.
First, I think if you had a work related injury you should immediately retain counsel to go over your rights and enforce them under chapter 440. If you are a salaried employee, working over 45 hours, you can bemade to use vacation pay and can have your salary docked for missing time in whole day incriments. I think you should let an attorney review your position and job duties to determine if you are properly classified as exempt, as the FLSA has limited exemptions for not paying overtime wages, and the fact that you are paid a salary is not an exemption from the overtime requirements under the FLSA. Employers often misclassify employees as exempt and that should be examined. IF you have a work related injury, then you may be able to claim this docked pay time and the loss of vacation pay under chapter 440 florida's workers' compensation act. Additionally, if you were employed for a year and the employer has 50- or more employees in a 75 mile radius you should be offered FMLA protection for the missed time from work within 5 days of your employer being notified of the disabling medical condition. If you have worked many overtime hours, they may not only count for something, but they may count for time and one half of your regular rate of pay and liqudated damages if you should be non-exempt.
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