Exempt Salaried Employees in Texas:

Can an employer that does NOT pay overtime compensation yet requires overtime dock an employee for regular time missed during a pay period?

Are they docking pay or leave? If pay, does the time fall under FMLA?

Exempt Salaried docking rules. (http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm)

Exempt Salaried Employees in Texas:

Can an employer that does NOT pay overtime compensation yet requires overtime dock an employee for regular time missed during a pay period?

Full day absences for personal reasons are one exception to the rule. An employee's pay may be docked for such. Full day absences for illness might be docked IF the employee has used all available sick time AND the employer had a bona fide sick leave plan in place (generally, at least five days per year).

It's been all of a month since I last posted this, I would guess. :rolleyes:

An exempt employee can legally have their pay docked under the following circumstances:

1.) It is the first or last week of employment and the employee did not work the entire week
2.) The employee is on FMLA
3.) The employer offers a reasonable number of paid sick days (see Scott's answer above); the employee calls in sick when they have either used all the days they have available or has not yet become eligible for them
4.) The employee takes a full day off for personal reasons
5.) The employee was suspended for a major safety violation
6.) The employee was suspended for the violation of a written company policy which applies to all employees and which relates to workplace conduct.

In the event of situations 1 & 2, the employer may dock pay in either full or partial day increments, as applicable. In the event of situations 3-6, the employer may dock pay in full day increments only. In all states but CA, and even sometimes in PA, the employer may require the use of appropriate paid leave in either full or partial day increments.