Legal Question in Employment Law in Texas

Exempt vs Non exempt employees

I am a salaried employee and exempt (Ithink) from overtime. My job requires me to have a professional education, continuing education and to make decisions on my own. My question is as follows: I took several youth to a 4 day camp. During that time I chaparoned them and was responsible for them 24 hrs a day. On my time sheet, I reported that I worked 80 hours that week. We are paid every 2 weeks. During the same pay period, I was allowed to take off or flex my schedule. I was told to take off the next week (same pay period). when I got my paycheck, the company took 40 hours of vacation to cover the week I took off. Is this legal or do I have a right to my vacation hours. I was paid in full for the 2 weeks, just lost vacation hours (40). Also, if we flex our time to not work more than 40 hours, does the employee have to take off in the same week the additional time was wroked or is it during the pay period (2 weeks)? Thanks


Asked on 7/26/07, 4:54 pm

1 Answer from Attorneys
Jeffrey Brashear The Brashear Law Firm, PLLC

Re: Exempt vs Non exempt employees

Based on the facts you have provided, there is no clear-cut answer. It will be determinative upon certain factors, such as but not limted to: the company's written employee handbook, the company's written flex schedule rules, and other procedures that the company has established for employees. It sounds like the company should not have deducted your vacation time, but without more information it would be difficult to provide you a specific answer. If my law firm can assist you with this or any other legal matter, please contact my office manager Mr. Ed Smith ([email protected]).

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Answered on 7/26/07, 5:17 pm


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