My husband's paycheck was minus $500.00. It was his last paycheck as he had already given his 2 week notice. In response to our question as to where the money went, we were told that it was from his taking a few 1/2 days and a full day off in the month of NOvember (they are paid 1/month). My question is that at the end of September we had asked the HR person how much time he had left as he had arm surgery and would need time off for therapy and follow-up drs. visits. HR's response (this is a 5 person company) was "“We don’t have a formal policy on sick leave---we just do the best we can”. I replied to her email and asked how they could hold part of his pay for not having enough leave to cover the time off when they don't have a policy on leave. I added that had we known he was low or out of leave we would have cancelled or re-scheduled appointments. I have yet to get a response.
How can I go about making sure this gets resolved with them? Is there a place I can file a complaint against them? They are ignoring us at this point.
Thanks.

Was your husband an exempt employee (paid salary of at least $455 a week no matter how many or few hours he worked)?

If so, the company cannot dock the pay for partial day absences or for a full day absence for illness.

I have no idea if DC has an agency that handles these issues. If not, contact the Wage and Hour Division of the US Department of Labor.

However, if your husband was a non-exempt employee, you are pretty much out of luck.

Thanks - hubby just told me the office is a MD office. He was an exempt employee... so do we have a "case" against his former office in your opinion?
Thanks!

Yes, you have a case, but I am not sure if you should contact Maryland (you can get a wage claim form on line) or DC. While the office is in Maryland, if your husband was not working there, then Maryland's labor laws wouldn't apply.

The US DOL, though, would have the ability to act wherever your husband worked (so long as it was in the US). They could refer you to the appropriate state (city) agency.

A better bet (faster, less stressful for all involved) is to contact the HR folks and discuss with them the circumstances under which an exempt employee's pay may be docked. Simply because someone is the HR Manager does not mean he or she is an expert on the law. They could recognize the error of their ways and pay the wages illegally deducted. If that fails, then you can contact the DOL.

To help, show them this from the US Dept of Labor (http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17g_salary.htm):

Circumstances in Which the Employer May Make Deductions from Pay

Deductions from pay are permissible when an exempt employee: is absent from work for one or more full days for personal reasons other than sickness or disability; for absences of one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for salary lost due to illness; to offset amounts employees receive as jury or witness fees, or for military pay; for penalties imposed in good faith for infractions of safety rules of major significance; or for unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions. Also, an employer is not required to pay the full salary in the initial or terminal week of employment, or for weeks in which an exempt employee takes unpaid leave under the Family and Medical Leave Act.

Effect of Improper Deductions from Salary

The employer will lose the exemption if it has an “actual practice” of making improper deductions from salary. Factors to consider when determining whether an employer has an actual practice of making improper deductions include, but are not limited to: the number of improper deductions, particularly as compared to the number of employee infractions warranting deductions; the time period during which the employer made improper deductions; the number and geographic location of both the employees whose salary was improperly reduced and the managers responsible; and whether the employer has a clearly communicated policy permitting or prohibiting improper deductions. If an “actual practice” is found, the exemption is lost during the time period of the deductions for employees in the same job classification working for the same managers responsible for the improper deductions.

Isolated or inadvertent improper deductions will not result in loss of the exemption if the employer reimburses the employee for the improper deductions.

Safe Harbor

If an employer (1) has a clearly communicated policy prohibiting improper deductions and including a complaint mechanism, (2) reimburses employees for any improper deductions, and (3) makes a good faith commitment to comply in the future, the employer will not lose the exemption for any employees unless the employer willfully violates the policy by continuing the improper deductions after receiving employee complaints.

It would be the Dept. of Labor in the state in which the services were performed or, if services were performed in more than one state, where the services were localized.

Yep, without a sick pay policy stating at least 5 days of sick pay provided, the DOL is likely to say that is not a "reasonable" policy for purposes of using sick pay to replace salary, so it is likely that the deduction in his weekly salary would be improper, if he was an exempt employee.