Legal Question in Employment Law in Illinois
I am a nursing professional that is paid a salary. For the pay periods that I work more than 80 hours, in my position, I am only paid my salary. For the pay periods that I work less than 80 hours (but was present Mon through Fri), my vacation or personal time is used to make up the hours. Is this legal? Additionally, if I choose to work a shift as a staff nurse, in addition to having completed my 80 hours in my administrative position, I am paid an hourly rate for that shift, which is taxed as a bonus (about 38%). Is this correct?
1 Answer from Attorneys
There is not enough information to answer your question. The basis for your answer lies in interpreting the Fair Labor Standards Act. We need to determine whether the hospital correctly identified you as an exempt employee not entitled to overtime.
With respect to the question of them using your time to make up your time to 80 hours they cannot do this on an hour by hour basis but on a half day basis.
Your final question regarding whether it should be taxed at the bonus rate is a grey area in the law. I would suggest you submit a question directly to IRS and then provide the answer to your employer.
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