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salary and on schedule Michigan

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  • salary and on schedule Michigan

    so I am on salary. My work schedule is Sunday through Wednesday. Sunday, I could work for reasons at work beyond my control but I was ready and willing.

    technically I could have worked Thursday or Friday.but didn't because its not my regular schedule. Can I be deducted for not making up the work?

  • #2
    "On salary" is meaningless. Salary is a pay method that has no legal status of its own. Are you exempt or non-exempt?

    Oh, it's you. The one who likes to play games with the FLSA.
    Last edited by cbg; 05-19-2014, 05:30 AM.
    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
      I am excempt

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      • #4
        I was just exploring ideas and learning about the rules in my other post. I really wouldn't do anything iffy.

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        • #5
          Are we talking about you personally, an exempt employee? Or are we talking about these potential employees of yours that you want to come up with some fancy "bonus" program so that you can avoid paying overtime?
          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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          • #6
            Me .

            I didn't want to avoid paying others OT. I wanted them to be paid more in good business days. It was just an idea, I'm not evil I promise.

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            • #7
              actually I used to work for a much larger practice and the doctor got in the red by making stupid investments. He wanted to he cut everyones pay and wanted to change the way of doing things into paying people the least amount possible and training them to the extent where we had cheap labor. I was still being paid well but that's not right so I quit. I care very much about anyone I manage aka am subject to.

              so now its me and couple doctors and we are familiar with the industry but not some of the business and law stuff, obviously. it's actually a very tough industry right now, and I was trying to think of creative ways to be very competitive and pay but have controlled costs.

              I explain this because I wouldn't share knowledge with a shady character either. Lol.
              Last edited by Zackzuse; 05-19-2014, 05:52 AM.

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              • #8
                I am responding this way because I believe you may have left out a word in your original post, and whether I'm right or not affects the answer.

                If you are an exempt employee and you missed work for an entire day for a reason within YOUR control, then you can be docked. Whether you made up the time or not. (The number of hours you work is meaningless in exempt situations).

                If you are an exempt employee and you missed work for an entire day for a reason with in YOUR EMPLOYER'S control, or alternately within no one's control (snow day, for example) then you must be paid.

                There are a couple of exceptions to the above but in general that's a good working rule of thumb.
                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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                • #9
                  Oh, I see.

                  Tha is, that's what I thought. Then I wondered I agree to do X amount of work for X amount of dollars, if they had a way to doc paying. I will have to straighten things out then.

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                  • #10
                    An exempt employee can have his pay docked in the following, and ONLY the following, situations:

                    1.) It is the first or last week of employment and the exempt employee does not work the entire week
                    2.) The missed time is attributable to FMLA
                    3.) The employer provides a reasonable number of paid sick days and the employee misses time due to illness when he has either used all the time available to him or is not yet eligible for any
                    4.) The employee voluntarily takes a day off for personal reasons
                    5.) The employee is suspended for a major safety violation
                    6.) The employee is suspended for the violation of a written policy which applies to all employees and which relates to workplace conduct (workplace violence, sexual harassment, drugs/alcohol in the workplace, etc.)

                    In the cases of 1 and 2, the time can be docked in either full or partial day increments. In the remaining cases, time can be docked in full days only.

                    There are no other circumstances under which an exempt employee can be docked.

                    Please take note of the fact that "docking" as far as the FLSA is concerned, means that the paycheck comes up short. "Docking" does NOT mean the use of paid leave. Under Federal law and under the laws of ALL states* an employer MAY force you to use vacation, sick or personal time whether you want to or not, to make up the difference.

                    *There is one minor exception in CA and even that exception is very, very grey, applies only in limited situations, and depends on the reading of one specific case law where not all authorities agree on the reading. A couple of states have laws regarding the use of forced sick time for the illness of dependents, but they don't all run the same way. A couple of states have limited paid family leave. But for the most part, if the employer wants you to use vacation, sick or personal time to cover an absence, it's not your opt - it's his.
                    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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