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My husband is on salary...can they do this?
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My husband is on salary...can they do this?

My husband is on salary and for the past 2 pay checks (he gets paid bi-weekly) he has been 100 bucks short (exactly, both times). He finally got in touch with the pay people and said that they have one of the ladies that works at the front desk writing down how many mins each person is late and docing it from their pay. There is NO WAY my husband is late a total of over 2 hours per a week (and he doesn't leave early). He works 15 mins away from where we live and leaves 30 mins early.
Can they do this? If anything he would be early, and if he was to be late it wouldnt be by more then 5 mins, no way a total of 2hrs each week.


    




KP7689
If your husband is salaried he is exempt - and docking pay by the minute would absolutely be in violation of FLSA for an exempt employee.

He needs to file a complaint with the Department of Labor and they will conduct an investigation and pay back wages if the employer was in violation. It will take a while for the investigation, but there are no time limitations in FLSA investigations.


Jeff T
Rating
If he's on salary, and they're trying to nickel and dime him like this, he needs to start looking for another job.

If the lady at the front desk is under orders to lie, in order to save the company money, then that's theft, but it's a high burden-of-proof.


rwa000
here in Fl the labor dept has said if a salaried person is docked than they must be paid and treated hourly for that week which usually means they will make more


Stefano
Rating
A salary is a form of periodic payment from an employer to an employee, which may be specified in an employment contract. It is contrasted with piece wages, where each job, hour or other unit is paid separately, rather than on a periodic basis.
en.wikipedia.org/wiki/Salary

Technically, yes.


Pat B
Rating
If it is in his contract to work the hours he is supposed to, why not?

Showing up work to late is an excellent way to loose your job. Wake up earlier and start showing up ten minutes earlier rather than ten minutes late.





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