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Old 03-18-2006, 01:51 PM
gmsmstr gmsmstr is offline
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Default exempt status employee

As an exempt employee, I understand that I don't get overtime.

However, is it not correct that they are paying me a weekly/bi-weekly wage to complete my job. What are the rules for them to deduct from my bi-weekly wage? If I am out sick a day, if I work part of most days, but say, only am at a total of 30 hours? What about if I get my job done for that day done earily and take off?

I thought that was the whole point of being an exempt salaried employee. Horuly non-expemt employees get overtime over 40 hours per week, and any hours not worked they don't get paid for. non-expemt salaried employees can work however many hours, from 10 to 80 and get paid the same, as long as the job gets done.

Is this not the case?
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Old 03-18-2006, 02:10 PM
cbg cbg is offline
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An exempt employee can have their salary docked in the following circumstances:

1.) If it is the first or last week of employment and you do not work the entire week
2.) If you are on FMLA
3.) If the employer provides a reasonable number of paid sick days, and you call in sick when you have either used all the time you have available to you or are not yet eligible for them
4.) If you choose to take a full day off for personal reasons
5.) If you have been suspended for a major safety violation
6.) If you have been suspended for the violation of a written company policy that applies to all employees and relates to workplace conduct (violence in the workplace, sexual harassment, drugs/alcohol on the premises etc.)

With the exception of #2, you have to be paid for an entire day if you work any part of the day. However, with limited exceptions in the state of California, it is legal for your employer to make equivalent deductions from your vacation, sick, personal or other paid leave banks. If you are on FMLA and work only part of a day with the remainder of the day being FMLA protected leave, you only have to be paid for the time you actually work.

The circumstances above are the ONLY reasons an exempt employee can be docked. In all other circumstances, without exception, your assumption is correct.
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