Is it legal to dock a salary exempt employee?

KP7689

This reads like a clear violation of FLSA. There are a few situations where it is legal, but only a few. From your posting, it seems you were docked any hour you were out of the office in 10 years. If that is the case, you need to contact the Department of Labor, which will look into wage disputes. http://www.dol.gov.

savvy_recruiter

I would highly recommend that you check the FLSA law on the DOL website. Out of all the legal jargon, I was able to pull this off about exempt/salaried employees:

(1) The employee must be paid a predetermined and fixed salary, not an hourly wage that is subject to reductions because of variations in the quality or quantity of work performed (the ``salary basis test'')

I read this to mean that you should not be getting docked for hours worked less than 40 in a week. Conversely, you should not be getting paid time and a half for any hours worked over 40 in a week. That being said, if you have documentation about your docked pay, I would suggest that you get an employment lawyer to help you out as to what your next steps are. Hope this helps!

primus300

There are many factors, depending on where you reside, state law may protect you from this.

However, a company that practices this policy is walking on water. You are an exempt employee for a reason. The company I work for also practices this "docking pay". Make sure to reference your handbook and the policies that cover pay and hours for employees.

Typically, if you work more than 4 hours in a day, you would be paid for the whole day. It's often an incentive to employees, not necessarily a right. But if you are working extra hours (beyond the 40 hour week) at other times and they are docking you for time you, something is up.

If they are trying to dock your pay, then it can raise legal flags that could make it worthy of legal action on your end. If they are treating you like an hourly employee, where is your incentive to fulfill the true nature of an exempt employee "as many hours as it takes" attitude.

I would also recommend seeking legal counsel if you have the means to at least be advised on this particular matter.

moglie

salary exempt means exempt from overtime pay laws. I don't believe it specifically states that an employer can not dock pay for attending less than full time.

leysarob

It all depends on if you have a plan set up for missed hours via sick, vacation or PTO time.

deaksy

i work for a large australian building company,at the moment we are doing 50 hours plus a week and on a salary wage we only get paid for 38,but my question is is it legal for the company to expect us to sign a time sheet that shows 38 hours and if i turn round and say im only woking 8 hours a day how do i stand???

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