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Can we dock salaried employees' pay for excessive tardiness? Illinois

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  • Can we dock salaried employees' pay for excessive tardiness? Illinois

    Hello!!

    We have several salaried employees that are consistently late for work, and not by 10-15 minutes but by an hour or more. We've had numerous conversations with these employees, written them up repeatedly, and are at a loss for what to do at this point short of terminating them. Can we legally start docking their pay for the time they miss every morning? We would like to keep them as employees, they're great workers when they show up, but were trying to find a way to motivate them to come to work on time!!

    Thanks in advance for your help.

    Kelly

  • #2
    Salaried and exempt are not synonymous. If they are salaried non-exempt, then yes, you can dock them for the time missed. If they are exempt, however, then they cannot be docked in partial day increments for anything short of FMLA unless it is the first or last week of employment.
    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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    • #3
      Agreed. The part that some employers seem to conveniently forget is that no employer is ever required to make any employee Exempt Salaried. The employer choose to do that. By doing so, they got some good stuff (no paid overtime). But under the federal FLSA law, this good stuff came at price, and that is docking restrictions on the salary of Exempt employees.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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