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Make Me Miss A Day...Dock My Pay? Missouri

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  • Make Me Miss A Day...Dock My Pay? Missouri

    I have worked in a small family owned restaurant for the past five years. I have been the Asst. Manager for three years. Recently bussiness has been down (because this restaurant is in a tourist city). The owner of the restaurant doesn't always seem to know what she is doing. Constantly watching labor % and decreasing employee hours from 30+/wk down to under 10+/wk.
    Recently we had a bad weather scare. Turned out to be nothing...the owner assumed that tourists would not be in town because of the weather scare. She called the day off and never opened the restaurant.
    Myself and General Manager were confronted by the owner demanding to us that we would have to make the day up or have our salary docked for the missed "snow" day.
    Is this legal and if so why?
    Thanks-Confused In Missouri

  • #2
    Are you exempt or non-exempt?
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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    • #3
      If the employer is subject to the FLSA (and it's almost 100% certain that they would be) exempt employees cannot have their salary docked in this situation.
      http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

      Nonexempt employees can.

      However, "salary" is merely a pay method. It's very likely that the General Manager would meet the criteria for exempt status; not as likely (although not impossible) that the Asst Manager position would not. Let me ask this. If, for example, you needed to leave 2 hours early for a doctor's appointment and didn't have any sick or other earned time off to substitute for that two hours of pay? Would your "salary" be docked for 2 hours?
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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