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Docked check as a salaried employee. Maryland

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  • Docked check as a salaried employee. Maryland

    I work for a mortgage company. There are several salaried employees about 15-20. I am the ONLY one required to keep a time sheet for myself and turn it in every week as well as I am the ONLY salaried employee that gets my check docked if I am 5 minutes late. I work over every single day, most of the time I do not take a full lunch and I still get docked if I am late. And no one else does. Is this legal? Wouldn't this be more of an hourly position?

  • #2
    Salaried is just a pay method. Are you exempt or non-exempt? Do you get OT if you work more than 40 hours in a week? When you get docked for being late are you docked leave or pay?
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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    • #3
      The following is an article on legally paying Non-Exempt employees on a Salaried basis. Like ElleMD said, payment methods and exempt status are two very different things, and it is common for people to confuse the rules.

      http://payroll-taxes.com/articles/sa...ernatives.html
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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      • #4
        I don't know if I am exempt or not. I do know that I get 1 salary, same amount no matter how many hours I work over or how many days are in a pay period. The only time my check changes is when I am late or I miss a day. It comes right out of my check. I don't get vacation time and I only had 3 sick days and I was out in January with pneumonia so I have so sick time. I just didn't think this was right since I am th eonly employee they do this to.

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        • #5
          What are your actual duties? Do you work for a public or private sector employer?
          I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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          • #6
            I am a secretary/receptionist for a privately owned mortgage company.

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            • #7
              Then you are non-exempt. Reference the link DAW provided as to the proper methods for paying you and acceptable deductions.
              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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              • #8
                "What if the employee works less than the expected number of hours during the workweek? In some cases there could be problems because in some states if an employee is paid a salary, his salary cannot be reduced if he works less than the expected number of hours. He is treated the same as an exempt employee. In those states the only way an employer can avoid paying the employee who works less than the expected number of hours is to make the employee an hourly employee. So employers must be aware of what state law permits."

                This is what it said, do you know what the MD state law says about this? If I am 5min late I take 10 off my lunch and they told me the new rule for just me is that I cannot make up any time missed what so ever and I didn't think you could do that to a salaried employee.

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                • #9
                  They do not have to allow you to make up the time you missed at lunch or any other time. It is perfectly legal to treat you differently based on your position. As the Receptionist, it makes sense to require you adhere strictly to a set schedule.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                  • #10
                    There are 2 of us who do the same thing, we both have set schedules. I must provide an accurate time sheet, she does not. If she is late they don't care, If I am late they dock my check. I am still not clear on if they are allowed to dock my check.

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                    • #11
                      Originally posted by CJINLUV View Post
                      I am a secretary/receptionist for a privately owned mortgage company.
                      You are non-exempt (as pointed out above). The company does not have to pay you for missing any time at all. They DO have to pay you overtime, if you work more than 40 hours in a work week, which you indicate happens. The days in the pay period don't matter -- the work week does. It begins and ends on a specific day and time and does not, as a rule, change.
                      Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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