Please help! Is this legal?!?
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Please help! Is this legal?!?
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My husband has worked for a landscaping company for a little over a month now and he is salaried. Recently he took two days off sick. He finished the week and went in on saturday to make up for it. He got paid today and they told him they were docking his pay!!! He works 50+ hours a week, can they really do that? Is there anything we can do?
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Morgan
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In order to be "salaried" or exempt from overtime laws, your husband must meet certain exemption requirements under the federal Fair Labor Standards Act (FLSA). Many or most workers who are "salaried" do NOT meet the legal exemption requirements and are entitled to back overtime pay. Review the overtime exemption requirements at http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17a_overview.htm.
If you husband does in fact meet overtime exemption requirements OR if he chooses not to challenge his exempt status, I believe that the employer can deduct pay for days not worked. I am fairly certain of this, but not completely. Because it is a difficult question to answer and because your husband might be covered by state laws, I recommend that you not take any of our advice here as the final answer, but instead consult your state Labor Board. |
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Pengy
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It depend on if he is listed as Salary exempt or non exempt. none exempt means that he gets paid for overtime in which case they are correct, if he is exempt then you have a case |
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thevoiceofreason2b
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It depends if there is a contract that defines his "salary" status. Most of the time "salary" means that he is paid X amount every week, no matter how many hours worked that week. There would also be some definition around how many sick days or vacation days he should receive.
Logic may state that he should be able to take a sick day or two, however if the job contract states you are paid per hour, with no sick days stipulated, you may be out of luck.
Check the contract, if he has one, and if not, go to the boss (not his secretary) and ask politely if this was a mistake. If not, see if he can get some sick days (or a written contract) in the next pay raise.
luck |
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Mopar Muscle Gal
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most likely not if no written/signed contact or non Union |
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futbolman867
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No,but good luck trying |
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Gypsy Girl
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You can go to your state labor board, but I suggest that you try the head of the company first. If you can't get this fixed at the company level, then go to the labor board. You will be able to find them in the government pages of the phone book. |
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lady
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