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employees on salery Arizona

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  • employees on salery Arizona

    employees that generally work 40 hrs or less but paid a salery, start calling in sick regularly and are working evan less. can I dock pay for days not worked at the going rate of pay per hr
    wages are almost double minimu wage and employees rarely work 40 hrs but do work 5 days a week maybe once or twice a year they work more than 40 hrs
    Last edited by Jackshadowtree; 11-14-2012, 11:27 AM. Reason: more info

  • #2
    Salary vs. hourly is just a pay method. It's entirely unclear whether this person is exempt ("salary") or non-exempt. If you have ascertained that they are exempt and you have a bona fide sick leave policy (even if it's just a few days off a year) and they've gone through their leave, you're free to not pay them for any full days' worth of time they take off. (Just as you may if they take an entire day off for personal reasons and they've run out of vacation/personal time.)

    Regardless of exempt or non-exempt status, an employer's free to have set minimum hours the employee is expected to work.

    It sounds like you're not terribly familiar with wage-hour laws, so I'd either start reading up or confer with a company that offers a service to help small employers with regulatory compliance.


    • #3
      That depends. Most employees are legally "non-exempt". Meaning that they must be paid at least minimum wage and must be paid overtime on all hours worked past 40 hours in the workweek. If you pay one of those folks a salary, and you legally can, this in no way eliminates the MW/OT requirements. Since non-exempt employees are generally paid based on hours worked, it is generally legally to reduce the salary for a non-exempt salaried pays based on hours/days not worked.

      HOWEVER, not all employees are non-exempt. Under the federal FLSA law, there are something like 100 or so Exempt classifications. Meaning that for employees who qualifiy for one of those Exempt classfications, the normal MW/OR rules do not apply. Exactly four of those classifications (Admin, Exec, IT, Professional) have a Salaried Basis requirement (most of the time). So paying someone a salary per se does not mean much by itself. However, an employer chossing to treat an employee as Exempt to get around the normal MW/OT rules could also cause (some of the time) the Salaried Basis requirement to occur. Which can in turn create certain restrictions on docking the salary.

      So your answer is a function of exactly what type of salaried employee you are talking about. There is no one-size-fits-all answer here.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)