mandatory yet unpaid work (quasi-exempt)

[mjrmason]

What is the name of your state? CA

I work for a defense contractor so the situation is unique. We are technically exempt yet must keep track of our hours and "charge" them to the appropriate contract. If we do not have a "charge number" then we do not have anyone to pay us.

We have a manatory class to take yet are not given a charge number, thus will not be paid. Is this legal? Everyone takes the class assuming that there is a charge number but it is not revealed until the end of the class that we will not be compensated for out time. If we do not take the class we can get fired. Ironically the class subject is ethics.

I have looked at the DOL's site for the FLSA but Defense Contractor employees seem to defy the definitions. Any help is much appreciated.

Thanks,

Mike

 

[HomeGuru]

What is the name of your state? CA

**A: only Quasimodo would be quasi-exempt under a properly executed independent contractor agreement.

 

[cbg]

There is no such thing as quasi-exempt. Either you're exempt or you're not. It is perfectly legal and acceptable for an exempt employee to complete a time sheet; it is perfectly legal and acceptable for an exempt employee's hours to be charged to a client. However, an exempt employee must, (except under very limited circumstances) receive their full salary every week.

If you are correctly classifed as exempt, then there are NO CIRCUMSTANCES WHATSOEVER in which you are entitled to additional compensation, NO MATTER WHAT. You are entitled ONLY to your regular salary, no matter how many hours you work and no matter how many mandatory classes you attend. But you MUST receive your full salary.

If you are not exempt, then you MUST be paid for every hour that you work, including mandatory classes, and you MUST receive OT for every hour over 40 in a week (or, in your state, over 8 in a day). However, you need not be paid for any time you do not work (doctor's appointments, leaving early for a kid's school play, etc.).

 

[pattytx]

mjrmason, I know exactly what you're talking about. I work for one of those too. If you still have questions after cbg's response, please feel free to PM me. I'm the Payroll Manager here.