I work for an organization in Florida and generally work 40+ hours sometimes over 50. I receive a $400.00 a week salary plus a monthly commission. My question is when I don't work the full 40 hours can my employer dock my weekly salary and if I am there for 1/2 the day do they still have to pay me for the full day? What about days the business was closed because of damaged from a storm?

"Salaried" is merely a pay method. The issue is whether you are exempt or nonexempt. However, with a guaranteed salary of less than $455/week, you can legally not be classified as exempt. Generally speaking, a nonexempt employee is required to be paid you only for the hours you work and they are not required to pay you for the days you could not work because the business was closed.

Having said that, "salaried nonexempt" basically means that you are treated as a exempt employee for purposes of docking pay, and as a nonexempt employee for purposes of eligibility for overtime pay. However, since the DOL does not recognize "salaried nonexempt" as a classification of employee, it is unlikely that a claim against your employer for docking your pay for absences, either personal or company-caused, would be successful.

Since Florida defaults to federal law for most wage and hour issues, and the state's enforcement mandate is limited, the federal DOL would be the place to inquire if you wish.

Hi - I work for a company and I got hired on as a Salary employee. I'M make $23,000 a yr with a guarantied bonus of $500. quarterly. Which they include in my salary- I have two questions- 1. I thought bonuses are seperate from your salary? 2. When i have missed a day they have docked my pay, can they do that? I havent been there forover 90 days yet though? any advise will help thank you

Hi - I work for a company and I got hired on as a Salary employee. I'M make $23,000 a yr with a guarantied bonus of $500. quarterly. Which they include in my salary- I have two questions- 1. I thought bonuses are seperate from your salary? 2. When i have missed a day they have docked my pay, can they do that? I havent been there forover 90 days yet though? any advise will help thank you

Are you exempt or non-exempt?

I'm exempt.

With the "guaranteed" bonus, you do meet the salary basis requirements for exempt employment. If at any time the bonus does NOT get paid, or becomes discretionary, you could very well not meet the salary basis requirement.

Having said that, read the very limited exceptions under which your salary can be docked here:
http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_541/29CFR541.602.htm

Your salary cannot be docked for partial day absences unless the absence is intermittent FMLA-related.

Regarding docking for full-day absences, is there a paid time off (vacation/sick or separately) plan and you just aren't eligible to take the paid time yet? If paid sick time is a separate plan, is it at least 5 days per year? If it is and you just aren't eligible to take the paid time yet, because you haven't been there long enough, then it is permissible to dock your salary.
The same situation applies if vacation is a separate plan, but it doesn't have to be at least XX days per year.

I do get 10 PTO after my 90 day probation period.

I do get 10 PTO after my 90 day probation period.

Then it appears your employer is meeting the requirements of the law.

Then it appears your employer is meeting the requirements of the law.

Yep, I agree with ScottB (as I usually do). :)

However, something I missed in my first response. You cannot be docked for a missed day because the business was closed due to weather. If you were eligible to use your PTO, they could make you use a day of that. But since you weren't, the docking is not allowed.

Just as a clarification, the fellow who missed a day due to weather was the ORIGINAL OP back in 2005. The fellow who re-opened the thread a year and a half later did not.

Oops. It's been a long day and the blood donation this afternoon must have affected my brain. :rolleyes:

That's why I don't like people hijacking other people's threads. :mad: