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salary worker docked for taking three days off Arkansas

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  • salary worker docked for taking three days off Arkansas

    I work as a salary emplyee for a day spa as their maintenance person. last week my wife had to have surgery. I took off 3 days out of the week to take care of her once she came home from the hospital. Anyways, when I received my check for the week it was short those 3 days. Is there a law that states the guidelines about salary emplyees? Such as minimum time an empolyee must work in order to receive full pay or half pay? what are the requuirements that an employer must follow for salary emplyees. I do not receive any more pay for working overtime.

  • #2
    I believe you can be docked as long as you took the whole day off.
    My intention is not to argue over who is wrong/right. I am here for the discussion and to learn and teach. If you dislike what I have to say or think I question you when I shouldn't, then by all means add me to your ignore list.

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    • #3
      First of all, "salaried" and "exempt" are not synonymous.

      But even an exempt employee can be docked when they take a full day off for personal reasons.

      And if you are non-exempt, you do not have to be paid for any time you do not work (with very rare exceptions) regardless of your pay method.
      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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      • #4
        Originally posted by cbg View Post
        First of all, "salaried" and "exempt" are not synonymous.

        But even an exempt employee can be docked when they take a full day off for personal reasons.

        And if you are non-exempt, you do not have to be paid for any time you do not work (with very rare exceptions) regardless of your pay method.
        Originally posted by chrisgeeo View Post
        I do not receive any more pay for working overtime.
        He is exempt.
        My intention is not to argue over who is wrong/right. I am here for the discussion and to learn and teach. If you dislike what I have to say or think I question you when I shouldn't, then by all means add me to your ignore list.

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        • #5
          As I said, an exempt employee can be docked for taking time off for personal reasons.

          And if this happend to fall under FMLA, that is unpaid time as well.
          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
            Under what criteria could a maintenance person possibly be exempt? Accordingly, even though OP is "salaried", that is merely a pay method and, therefore, generally speaking, needn't be paid for time not worked.

            OP, do you supervise anyone? If so, how many people and how much of your time do you spend managing employees rather than doing manual labor?
            Last edited by Pattymd; 02-08-2007, 02:17 AM.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              I don't supervise anyone unless I need extra help and I find someone to help as a temporary position. I was hired Originally as a salary employee @ $420.00 a week. They stated sometimes I will be there 50 hours and sometimes I will be there 5 hours. All at the same pay.

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              • #8
                You are still nonexempt. Let me get back to you. I need to do a little research on my end regarding fluctuating workweek.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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                • #9
                  salary docked for full day

                  i work as a salesman about 47 hours a week at $450 (11.25 per hour for a 40 hour week) one week i missed a 8 hour shift (putting me at 39 hours) and was payed for 32 hours. what went wrong??

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                  • #10
                    Please post this on your own thread and not a long dead one belonging to someone else.
                    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

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                    • #11
                      Here is some info on Fluctuating work week

                      778.114 Fixed salary for fluctuating hours.

                      (a) An employee employed on a salary basis may have hours of work which fluctuate from week to week and the salary may be paid him pursuant to an understanding with his employer that he will receive such fixed amount as straight time pay for whatever hours he is called upon to work in a workweek, whether few or many. Where there is a clear mutual understanding of the parties that the fixed salary is compensation (apart from overtime premiums) for the hours worked each workweek, whatever their number, rather than for working 40 hours or some other fixed weekly work period, such a salary arrangement is permitted by the Act if the amount of the salary is sufficient to provide compensation to the employee at a rate not less than the applicable minimum wage rate for every hour worked in those workweeks in which the number of hours he works is greatest, and if he receives extra compensation, in addition to such salary, for all overtime hours worked at a rate not less than one-half his regular rate of pay. Since the salary in such a situation is intended to compensate the employee at straight time rates for whatever hours are worked in the workweek, the regular rate of the employee will vary from week to week and is determined by dividing the number of hours worked in the workweek into the amount of the salary to obtain the applicable hourly rate for the week. Payment for overtime hours at one-half such rate in addition to the salary satisfies the overtime pay requirement because such hours have already been compensated at the straight time regular rate, under the salary arrangement.
                      (b) The application of the principles above stated may be illustrated by the case of an employee whose hours of work do not customarily follow a regular schedule but vary from week to week, whose overtime work is never in excess of 50 hours in a workweek, and whose salary of $250 a week is paid with the understanding that it constitutes his compensation, except for overtime premiums, for whatever hours are worked in the workweek. If during the course of 4 weeks this employee works 40, 44, 50, and 48 hours, his regular hourly rate of pay in each of these weeks is approximately $6.25, $5.68, $5, and $5.21, respectively. Since the employee has already received straight-time compensation on a salary basis for all hours worked, only additional half-time pay is due. For the first week the employee is entitled to be paid $250; for the second week $261.36 ($250 plus 4 hours at $2.84, or 40 hours at $5.68 plus 4 hours at $8.52); for the third week $275 ($250 plus 10 hours at $2.50, or 40 hours at $5 plus 10 hours at $7.50); for
                      the fourth week approximately $270.88 ($250 plus 8 hours at $2.61 or 40 hours at $5.21 plus 8 hours at $7.82).
                      Last edited by ArmyRetCW3; 08-18-2008, 11:47 AM.
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                      • #12
                        See, this is why we ask posters not to add onto long dormant threads.
                        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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