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Indiana Salary Questions

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  • Indiana Salary Questions

    Hello All, I'm sure this has been posted in the past, but I'm new here and have questions regarding my personal situation...I'm a "salary" employee, if I work 40 hours or more, I receive my standard 40 hours of pay. If I work less than 40 hours in a week, my employer "docks" my pay in the equivalent to my hourly rate. Is this legal in Indiana? Also, I am in need of time off for an operation I need. My empolyer tells me that if I don't work, I don't get paid for the time I will be off. Any comments/info would be appreciated...cw

  • #2
    There are salaried exempt employees. They get paid the same amount every week no matter how many hours they work, 35, 40, 45, 168. Docking the pay is allowed only in a very few circumstances. Taking a full day off for personal reasons is one of those, but taking a partial day off for personal reasons is not. Docking for illness is not allowed unless done in conjunction with a bona fide sick leave plan (say, five days allowed and if you use all of them, then you might get docked for full day absences due to illness).

    If you are not a salaried exempt employee, you might be salaried non-exempt, but the employer MUST pay overtime if you work more than 40 hours in a work week. There are a couple of ways of doing that, but it doesn't matter since your employer is paying you zip for working over 40.

    So the employer is doing something wrong. I just cannot tell if you are exempt or non-exempt.
    Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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    • #3
      thanks scottB

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      • #4
        So, do you want to pursue this further, as in, are you exempt or nonexempt? What do you do in your job on a daily basis?
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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