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Whisky56
04-08-2008, 12:00 PM
I am a salaried employee with some issues about the way I get paid. I have a spouse that had a transplant over one year ago. I have to go with my spouse to visit the DR's once a month. My employer says that I am a salaried employee, but what he will do is this month when I miss a half day he will wait until the next month when I miss a half day then deduct a full day. If I miss a full day some times he will pay me, then some times he will deduct that day.
If I work overtime I get no overtime pay. There have been several times when he would wait over 2 months then on a full week of work he will deduct a day of pay. Then he would show me where I missed the days. I punch a time clock but still he can prove where I missed a half day or full day, but does not consider the overtime I put in.
Is he wrong? What can I do?

DAW
04-08-2008, 12:33 PM
"Salaried" is just a payment method and does not mean much by itself.

Exempt employees have no legal right to paid overtime and Non-Exempt employees must be paid overtime.

Your employer (correctly or not) by not paying you overtime is treating you as if you are Exempt Salaried. There are docking restrictions prohibitting reducing salary for partial days not worked.
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm

Just to be clear, reducing (docking) the salary is one thing. Reducing vacation/PTO balance is legally something very different. It would be legal for your employer to reduce the vacation/PTO balance. It is not legal (assuming that you are Exempt Salaried) to reduce the salary for partial days not worked.

Pattymd
04-09-2008, 07:05 AM
[QUOTE=DAW;966666It is not legal (assuming that you are Exempt Salaried) to reduce the salary for partial days not worked.[/QUOTE]

Unless intermittent FMLA is the reason for the partial day absence.

OP, let's start here. Is the employer subject to the FMLA; at least 50 employees within a 75-mile radius?

DAW
04-09-2008, 07:11 AM
Good point.

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