Announcement

Collapse
No announcement yet.

Can salaried employees be docked time? MA

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Can salaried employees be docked time? MA

    I am working for a company in Woburn, MA. We are all salaried amployees and do not receive overtime pay for anytime over 40 hours a week - which is standard policy. However, Paul, our boss docks our vacation and / or personal time whenever we are late or leave early. It seems as though being salary is only when it is convienent for the company - i.e. not having to pay overtime - any other time we are treated as hourly employees. Is this legal?

  • #2
    The employer cannot dock the "pay" of an exempt employee for a partial day absence or tardiness, except for intermittent FMLA leave.
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.118.htm

    However, there is no law in Massachusetts that prohibits them requiring you to utilitze your PTO time to substitute. Now, if you were out of PTO time, they would still have to pay you for the full day, with the exception already provided.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Ok - so if you raise this fact with an employer, can they automatically switch your status to an hourly employee without informing you first?

      Comment


      • #4
        Yes, they can.

        However, if they do so, if you work overtime, they MUST pay you at time and a half for anything over 40 hours in a week. They don't get to have it both ways. Either you are exempt and get the full salary (with or without PTO) for every hour that you work, but no overtime; or you are non-exempt and do not have to be paid for any time you do not work, but you get overtime when you work over 40 hours a week.

        And they can STILL require that you use vacation or PTO for any missed time - that does not change with your exempt or pay status.
        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.

        Comment


        • #5
          Originally posted by Pattymd View Post
          The employer cannot dock the "pay" of an exempt employee for a partial day absence or tardiness, except for intermittent FMLA leave.
          http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.118.htm

          However, there is no law in Massachusetts that prohibits them requiring you to utilitze your PTO time to substitute. Now, if you were out of PTO time, they would still have to pay you for the full day, with the exception already provided.
          I understood that if a salaried employee takes a full day off but has no PTO available, the employer can deduct a full day's pay. Isn't that correct?

          But what happens if the employee takes a full day off, but has only a partial day's worth of PTO accrued? Must the employer still pay him for the full day?
          Irene

          Comment


          • #6
            In the future would everyone please start their own new thread. This is the second question posted under the original poster's thread from 2005. Thank you.

            http://www.dol.gov/elaws/esa/flsa/overtime/cr4.htm
            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

            Comment


            • #7
              I'm not sure why we would post a new question when all the info relates to the original question from 2005.

              If an employer regularly docs pay, then I understand that likely means they didn't intend to pay for a salaried employee.

              But can they switch an employee WITHOUT TELLING THE EMPLOYEE to an hourly worker (where they no longer receive vacation time, time-off pay, or holiday pay)?

              Or is there some law that says the employee must be alerted to the change before it occurs?

              Comment


              • #8
                OK, you have a lot of unrelated issue mixed up.
                - Hourly and salaried are just payment methods that mean next to nothing by themselves. They are terms defined in a federal law called FLSA. The FLSA law has next to nothing to do with benefits, so if we are talking about federal law, then changing the payment method legally has nothing to do with benefits.
                - If an employee is both Exempt and paid on a salaried basis, then there are docking restrictions on not paying the salary, which is why Patty worded the answer the way she did. You choose to drop the word "Exempt", which changed the legal requirements. While Exempt Salaried has docking restrictions, Non-Exempt Salaried almost never does (two very obscure exceptions exist). It is perfectly legal (almost all of the time) to dock salary for base time not worked for a Non-Exempt salaried employee.
                - Benefits as stated are mostly not a function of the federal FLSA law or the payment method. This is an oversimplification but there are basically two types of benefits. Certain benefits are covered by the federal ERISA law (retirement plans including 401(k)) and employer provided medical). While the employer is not required to offer these benefits, if the employer chooses to do so, then they must follow the ERISA rules. This includes mandatory written plans which must be followed or very bad things happen to the employer. If you are talking about an ERISA level benefit, then the employer must give you a Summary Plan Document (SPD) if asked. You would then read the plan and see if the employer actually violated the plan rules. It is not impossible to have the payment method determine how the plan is implemented but it would be a very strange looking plan if true.
                - HOWEVER not all benefits are ERISA level - most benefits are not ERISA level. I have no idea what "time off pay" is, but vacation and holiday are not normally ERISA. Any benefit can be brought under ERISA law by funding it through an outside trustee, but this again would be a very unusual action for an employee to take. Most benefits at most are maybe, possibily subject to state law or contract law. While all contracts are agreements, not all agreements are legally binding contracts. Most company policies historically do not rise to the level of a legal enforcable contract. It is always worth reading the company policy (if any) and maybe worthwhile having a local attorney read the policy when violated to see if either a contract law violation or local law violation has occured. But this is far from certain.
                - Regarding notication of conditions of employment, that would be state law (if any), meaning different for each state, and something that those states who do have laws in this area do not necessarily address the exact points you want addressed. For example, in CA vacation is vested once earned. It would be legally possible to take away future vacation earnings in CA, but not to forfeit the balance. That is one state. Different states have different rules, or no rules at all.
                "Reality is that which, when you stop believing in it, doesn't go away".
                Philip K. **** (1928-1982)

                Comment


                • #9
                  Originally posted by klh222 View Post
                  I'm not sure why we would post a new question when all the info relates to the original question from 2005
                  Because we don't post/reply to old threads & each poster should start their own new thread with their question. It can get confusing for the responders when there is more than one question/poster under a thread. (similar question or not) We have 3 different posters asking questions under this thread.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment

                  Working...
                  X