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Uh, what? That does not compute. Either it's work, or it is not work (and I don't respond to anything, and don't get contacted in the first place)
If you're a skilled salaried worker the law doesn't really consider you to have work hours. Furthermore, you aren't required to be compensated for time you are on-call unless you are required to physically be present.
US labor laws are truly horrifying if you start asking yourself a few "what-ifs." The entire system is built on good faith.
"Salaried worker" over here means just that you're being paid for fixed, regular working hours - typically something like 37.5 or 40 hours per week. Anything on top of that is overtime, which needs to be compensated either in time off, or paid out.
On call rules also vary a lot by country, but typical it's something like being paid 20-25% of your regular hourly wage while on call, with overtime pay when you're taking a call.
I'll never forget at my first job once I moved to Europe, boss reminded me to take my vacation days. "Yeah, I'm hourly, not salary, what vacation days?"
Yes, holiday pay/leave is accrued for casual hourly workers too, by law.
That said, when I switched to salary, off in lieu is a sticky loophole, not sure if it was legal but one place would wipe any leftover OIL on 31 Dec with no payout, so it was on you to take it, which wasn't always possible (pay and time off is better, but work/life balance can be just as F-ed in Europe).
Yes, holidays can, by law, be reset on Jan 1st.
However, the company needs to have reminded you that it will, and also allow you to actually take the time off.
If you have 30 days on December 1st, then they need to allow you to either take the days forward into the year or take it in December.
"Use it or lose it" policies are dumb.
We have salary exempt and salary non-exempt in the US. The exempt part being overtime pay.
Salary exempt would be jobs like managers who may have to work outside of normal hours to ensure continuity of the business. Such as making arrangements for sick workers.calling out.
Salary non-exempt are for positions in which they are paid a set work week but their function does not have unplanned work outside of their normal hours. So things like HR or accounting may be paid salary, but there really is no reason for something to come up outside of their work day. These people should be clocking in and out or at least capturing their time in some manner, because if they do end up working greater than 40 hours a week they are entitled to overtime pay.
I work in engineering. Every job I’ve ever had has been overtime exempt. Shit sucks.
I work in IT. I'm exempt too. :(
Then I guess a few companies I've worked for are breaking the law... Go figure. Our non exempt employees wouldn't get overtime, they just worked for free if the were needed to work longer hours... Yay murica... Coincidentally those companies didn't have their salaried employees clock in or out
Oh yeah. Wage theft accounts for more stolen dollars than any other form of theft.
Where is "over here"?
Pretty much all of the EU, at least - country specific regulations vary, but the basic framework is based on EU regulations.
Yep can confirm everything you stated.
Source: am from Europe