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Salary Pay Being Docked Connecticut

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  • Salary Pay Being Docked Connecticut

    Ok so I work at a small business,LLC, and theres about 10 people all together working. I'm a salary based employee. I work 45+ hours a week up til 2 weeks ago, however, the last three weeks my paycheck has not been the consistent pre determined amount upon which agreed.
    The first week I was docked a snow day
    The second week I was docked for absences, however I worked two days out of the week
    Then last week I worked everyday but left early.

    There is no PTO or sick days paid that I know of because there is no handbook..so I'm shooting in the dark here.

    When I approached my employer I was trying to figure out if I was salary or hourly based on my paycheck. I asked her how they knew what to pay me and she basically told me based on a 40 hour week, 8 hours a day 5 times a week that's how she got my hourly wage and how I'm paid. Now if I go over 40 hours I'm capped at the negotiated amount. So No OT

    IS this even legal?>???

  • #2
    Something is wrong here but it's unclear what. Stay with me here.

    Salaried is only a pay method and means nothing in and of itself. What matters is whether you are salaried exempt, or salaried non-exempt.

    If you are salaried exempt, then you do not get overtime but you should not have been docked for the snow day or for leaving early. (It may or may not have been okay to dock you for the days you took off, depending on the reason. There ARE a few reasons why an exempt employee can be docked salary.)

    If you are salaried non-exempt then you legally have no expectation of being paid when you do not work, so docking you for all of the absences was legal. I will grant you that if you're planning to do that it makes little to no sense to pay you on salary, but it is legal to do so. However, in that case, you need to be paid overtime if you work over 40 hours in the week.

    So one way or another your employer is violating wage and hour rules; we just don't know which rule he's violating.

    If you are paid less than $455 per week, you are non-exempt by definition. If you earn over $455 per week then it is your job duties, and only your job duties, that determine your exempt status.

    The following will get you started.

    http://www.dol.gov/whd/regs/complian...a_overview.pdf
    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


    • #3
      Originally posted by cbg View Post
      Something is wrong here but it's unclear what. Stay with me here.

      Salaried is only a pay method and means nothing in and of itself. What matters is whether you are salaried exempt, or salaried non-exempt.

      If you are salaried exempt, then you do not get overtime but you should not have been docked for the snow day or for leaving early. (It may or may not have been okay to dock you for the days you took off, depending on the reason. There ARE a few reasons why an exempt employee can be docked salary.)

      If you are salaried non-exempt then you legally have no expectation of being paid when you do not work, so docking you for all of the absences was legal. I will grant you that if you're planning to do that it makes little to no sense to pay you on salary, but it is legal to do so. However, in that case, you need to be paid overtime if you work over 40 hours in the week.

      So one way or another your employer is violating wage and hour rules; we just don't know which rule he's violating.

      If you are paid less than $455 per week, you are non-exempt by definition. If you earn over $455 per week then it is your job duties, and only your job duties, that determine your exempt status.

      The following will get you started.

      http://www.dol.gov/whd/regs/complian...a_overview.pdf
      According to my employer and that site Im exempt... They do not have a compensation plan or a way to bank hours...

      Comment


      • #4
        Under which exempt status do you fall according to the link? Not according to your employer.
        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
          What type of business is this (don't name it - just what type is it) & what are your job duties & title? What makes you exempt? Do you believe you are exempt?

          Thanks.
          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


          • #6
            The administrative status. I make over the $475 limit. Its a motorcycle dealership.

            I do everything here. I manage employees, I do finance, sales, parts, service, etc etc. I was agreed upon salary when I was first hired, and they don't pay me overtime, but will happily dock my pay when I'm not there.

            Comment


            • #7
              If you are truly an exempt employee, and I'm not arguing with you about it (you should know), then your pay can be docked in the following, and only the following, situations:

              1.) It is the first or last week of employment and you do not work the entire week
              2.) The time for which you are being docked is attributable to FMLA (Adding this for the record but given the size employer, FMLA would not apply to your employer)
              3.) Your employer offers a reasonable number of paid sick days and you call in sick when you either have used all you are entitled to or have not yet become eligible for them
              4.) You voluntarily take time off for personal reasons
              5.) You have been suspended for the violation of a major safety violation
              6.) You have been suspended for the violation of a written company policy which applies to all employees and which relates to workplace conduct (sexual harassment, drugs/alcohol in the workplace, workplace violence etc.)

              #s 1 and 2 can be in either full or partial day increments; #s 3-6 can only be in full day increments.

              It is always better if you can resolve this with the employer first. You can try simply explaining that he is out of compliance - you can argue that by docking you for the snow day or when you leave early he is treating you as non-exempt for those weeks and thus would need to pay you overtime (if you worked over 40 hours a week in those weeks). Note that each workweek stands alone. If you are unable to resolve it with the employer, I would recommend the state DOL over the Federal.

              DAW and hrforme work more with these laws than I do; they may have additional information or suggestions.
              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


              • #8
                Originally posted by cbg View Post
                If you are truly an exempt employee, and I'm not arguing with you about it (you should know), then your pay can be docked in the following, and only the following, situations:

                1.) It is the first or last week of employment and you do not work the entire week
                2.) The time for which you are being docked is attributable to FMLA (Adding this for the record but given the size employer, FMLA would not apply to your employer)
                3.) Your employer offers a reasonable number of paid sick days and you call in sick when you either have used all you are entitled to or have not yet become eligible for them
                4.) You voluntarily take time off for personal reasons
                5.) You have been suspended for the violation of a major safety violation
                6.) You have been suspended for the violation of a written company policy which applies to all employees and which relates to workplace conduct (sexual harassment, drugs/alcohol in the workplace, workplace violence etc.)

                #s 1 and 2 can be in either full or partial day increments; #s 3-6 can only be in full day increments.

                It is always better if you can resolve this with the employer first. You can try simply explaining that he is out of compliance - you can argue that by docking you for the snow day or when you leave early he is treating you as non-exempt for those weeks and thus would need to pay you overtime (if you worked over 40 hours a week in those weeks). Note that each workweek stands alone. If you are unable to resolve it with the employer, I would recommend the state DOL over the Federal.

                DAW and hrforme work more with these laws than I do; they may have additional information or suggestions.

                So can they legally dock me for snow days and partial days?

                And my other thing, talking with my manager, she said I get vacation time after 1 year, however they dont offer sick pay. How does that work with the exemption status? The time I missed work are due to medical reasons (pregnancy), and I have doctors notes and documented visits.

                Comment


                • #9
                  Try to stay with me, here.

                  If you are exempt, no. They cannot dock you for partial days except as indicated or for snow days when the employer chooses to close . They CAN dock you for days you voluntarily take off unless you take off because you are sick. The law does not care if your employer provides you with vacation time, regardless of your exempt status, and if you take off for personal reasons or vacation, you CAN be docked. If you take off time for illness (your own), and your employer does not offer a reasonable number of sick days, then you cannot be docked for illness. Reasonable is not defined by statute but most courts have defined it as five days. If you work any part of a day, you have to be paid for the full day except as indicated above, although the employer can require that you take it from your sick or vacation time (if offered) without your consent or even your knowledge. Exempt employees never have to be paid overtime. Ever. Under any circumstances whatsoever. Even if you work 168 hours a week.

                  If you are non-exempt, they never have to pay you if you don't work. Doesn't matter what the reason or who instigated it. If the employer closes for weather, if you are sick, if a family member is sick, if you need to go to your kid's soccer game, if the office closes mid day because the power goes out, if you have a funeral to go to or tickets to Bermuda. Non-exempt, don't work, no legal expectation of being paid. Period. BUT if you work over 40 hours in a week, the hours in excess of 40 have to be paid at time and a half.

                  So either you are exempt and get paid for snow days and partial day absences, or you are non-exempt and get 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.

                  Comment

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