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View Full Version : Salaried Employee Pay Deduction Ohio


Pengaroo
10-16-2008, 10:29 PM
I've worked for the same company for five years. I get paid as a 'salaried' employee bi-monthly. I am not considered an to be an exempt employee. It is an Customer Relations Manager/Administrative professional position which requires me to train and oversee other employees. I have no authority to hire or fire or discipline anyone. According to the company, it's purely a 'title'.

Until recently, I didn't clock in and out. The company has begun recently forcing ALL employees to clock in and out. There were a few days that I worked during the week that I forgot to clock in and out. My 'salary' was reduced for the days I missed. However I was at work. I never signed off on my time sheet and never had the opportunity to correct the mistake with the HR department.

I was told in not so many words that it was only because I forgot to clock in and out. It had nothing to do with the amount of hours I work in a pay period. If a pay deduction is a form of punishment, is it legal? And if so, does there have to be a clearly stated policy regarding it? We have no policy in place that says pay will be reduced if you do not clock in or out.

Thanks!

Betty3
10-17-2008, 12:22 AM
They can't dock/reduce your pay for not clocking in & out. However, they can discipline you (in other ways) up to & including being terminated for not doing so.

Pattymd
10-17-2008, 05:21 AM
And if you are nonexempt, the employer is required by LAW to keep accurate records of your work hours. If a clock in/clock out system is how they choose to do that, so be it. You are getting overtime pay when you work over 40 hours in a workweek, correct?

Pengaroo
10-17-2008, 07:44 AM
No, I don't get paid overtime. I just get paid a salary. I don't get paid for holiday pay either (even though I rarely work a holiday). I get paid a salary each month regardless of how many hours per month, per day etc.

Pattymd
10-17-2008, 07:51 AM
Then they are treating you as exempt. That doesn't mean they can't require you to report your hours, however. But the employer can't have it both ways.

Whether or not your duties meet the criteria or not, try here. Having the authority to hire/fire is only required for the Executive exemption. Look at the Administrative exemption.
http://www.ct.gov/drs/lib/drs/publications/pubsip/2008/ip08-1.pdf

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