Can an employeer deduct money from salary employees?
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Can an employeer deduct money from salary employees?
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My girlfriend has been working as an employee with an oilfield company for a year now.
She has always been in the field and paid a set salary.
When she was in the field she was given a daily well bonus. Her hours were typically 6pm-6am.
Her most recent job she worked 21 days in a row.
Now she works in the office so no longer receives a daily well bonus but is still paid salary at this point.
She was recently stuck in Ohio and wasnt able to make it back to work. They deducted over $100 from her check for the two days.
Is it legal to deduct from a check without previous payment of overtime. If you are a employee paid a set salary can she legally have her paycheck deducted?
Additional Details
How will I know if I am owed overtime pay, in the field we work 84hour weeks. 12 hour days for however long we are out. and in the shop we work 9 hour days 11 days in a row then 3 days off. I have Never gotten overtime.
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Judy
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Well, sure it's legal, if you aren't at work when you are supposed to be. If she was off for two days, the prorated amount she would have made for those days would be deducted unless she had paid time off like vacation time available to cover the time. Salaried doesn't mean that you just come and go as you please. On the other hand, salaried is not the same as exempt from overtime laws, so depending on what her job is and how much she makes, she might be still owed overtime pay for hours over 40 in a week. |
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Joni H
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There are two types of salaried employees: exempt and non-exempt.
A salary non-exempt employee is paid a salary, but is still entitled to overtime when working more than 40 hours in the payroll week, under the federal Fair Labor Standards Act or FLSA. (Some states also have overtime laws.) When a non-exempt employee misses work, he or she can have their pay docked.
A salary exempt employee is exempt from overtime. There are a total of 5 classes of employee that may be exempt, based on their primary duties: Executive, Administrator, Outside Sales, Computer Pro, and Professional. People engaged in manual labor are never exempt from overtime.
In most cases, the exempt employee must be paid for the entire week, when they do any work at all during the week. However, in some cases the employee's salary can be docked for sick time, or for time taken off for personal business. In this case, the absence would qualify as time taken off for personal business.
So yes, under the federal Fair Pay regulations, the emloyee's salary can be docked. However, it is very possible that, depending upon her job duties, your girlfriend was/is non-exempt, and is entitled to overtime when she works more than 40 hours per week. |
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