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Salary deduction tx Texas

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  • Salary deduction tx Texas

    I worked for a small gas station business as manager, receiving salary pay. I missed 2 days to take care of my 5 month old son while my wife was in the hospital. My employer paid me my entire salary pay, then demoted me to Assistant manager receiving an hourly wage. Now he is going to deduct my pay for the two days missed while I was being payed salary.

    I feel like this must be wrong, but I am just not sure about the legality of it. Any answers as to whether or not this is legal will help immensely.

    Thank you.

  • #2
    The demotion, although IMHO, petty was not illegal.

    Since this situation would not have met the criteria for FMLA leave (less than 3 days), the employer may consider it taking full days off "for personal reasons", in which case the salary of an exempt employee may be docked.
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
    Do you have any vacation or sick time you could request be used to subsitute?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      The good news is that this point on you are Non-Exempt, meaning paid overtime.
      "Reality is that which, when you stop believing in it, doesn't go away".
      Philip K. **** (1928-1982)

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