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Vague salaried pay docking threats Texas

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  • Vague salaried pay docking threats Texas

    I work in a salaried-exempt position for a company involved in real estate and international commerce, and was recently sent an e-mail (sent to the whole company) from our Masthead, the owner's wife and president. In it, there were vague threats about pay being docked if doctor's excuses weren't provided, which seems legal, except it was in reference to partial days, which I read the FLSA to prohibit. Also, I found it especially galling after February, when I worked 18 days in a row, working toward our goal of implementing a warehouse management system. I have no real problem with working long hours, or even the low-ish pay, I like the company, but its lack of real HR support is disheartening. An example of the kind of behavior that discourages me about my future here, and at the risk of identifying my company (to the right eyes...), today we were instructed to not occupy certain portions of the parking lot, by the president again, while her car sits in the handicapped spot outside, as it does almost every day... I might add here that my car is so dilapidated I would feel guilty parking it in the lot at all, so this 'rule' has no real effect on me.
    If necessary, I can post the content of the e-mails, as it is just as vague as can be.
    Edit: now, we've been given another condition under which we (almost all salary here) could be sent home and docked pay - not having a planner on our person all the time. I also failed to mention before, we do not have sick time, paid time off, or any other bank from which to draw our pay, which fact also lends itself to the idea they cannot legally dock partial days, nor full days when we are already present and working.
    Last edited by ottopalindrome; 03-21-2007, 03:10 PM. Reason: Additional info and clarification

  • #2
    The ONLY circumstance under which an exempt employee's pay can be docked for partial day absences is if the time is attributable to FMLA. The employee CAN be required to use paid leave to cover this time but if there is no paid leave time, the employee must be paid anyway.

    Additionally, an exempt employee cannot be docked for time missed due to illness unless the employer provides a reasonable number of paid sick days, for which the employee either is not eligible or has already used what days they have available.

    All that being said, however, no violation has occurred until the employer ACTUALLY docks pay illegally. Vague threats are not enough.
    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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