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A question about pay being docked.... New York

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  • A question about pay being docked.... New York

    Hi,

    Aside form FMLA issues, what other instances can an employer dock an exempt employee's wages?

    I was recently docked a day's pay for a death in the family in which I attended the funeral and worked a half day prior to attending and working a half day before tending to a personal matter.

    As I'm understanding the law, as long as I have time, he cannot dock me 8 hours pay, instead, using my sick and or vacation time to cover it. Or can he not dock me any time whatsoever?

    Thanks.

    Chris

  • #2
    In this particular situation, you could not be docked for a partial day's salary, even if you didn't have the time available. However, for full day's absences, you can legally be docked even if you DO have the time available; wouldn't make sense for them to do that, though, unless vacation time is strictly limited to vacation and can't be used for any other purpose.
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.118.htm
    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
      Thanks for the response.

      I've been debating on how hard to hit my boss on this. And what really irritates me about this is that I took on an additional job for him as IT consultant to the firm, pro-bono and I get nickel-and-dimed by him on my base salary.

      A real piece-of-work, no?

      Because of this, I've been seriously considering removing myself as IT consultant.
      Last edited by chrisb3; 08-04-2006, 07:41 AM. Reason: additional thought

      Comment


      • #4
        And not that you asked this, but are you sure you shouldn't be treated as an employee for your IT "consulting" work as well?
        http://www.irs.gov/businesses/small/...=99921,00.html
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Well, I probably should be compensated for that as well (and handsomely at that), but this is a small (and somewhat poor) law firm and I stepped into the role to help with the gaping void they have with regard to their network, etc. as their Office Manager is incapable of handling it and their outside IT consultants (who are now gone) were not operating 'above board' with the firm.

          Maybe I shouldn't be such a nice guy. What's that saying about nice guys?

          Comment


          • #6
            An exempt employee can ONLY be docked in partial day increments when it is FMLA related. Absences related to FMLA can be in either full day or partial day increments, whichever is appropriate; there are no other circumstances in which the PAY of an exempt employee can be docked in partial day increments. In every state except California and even sometimes in California, the employee can be required to use vacation, sick or personal time to cover the absence.

            If the exempt employee is absent for his own illness, his pay can be docked ONLY if the employer offers a "reasonable" number of paid sick days and the employee has either used all he is entitled to or is not yet eligible for them.

            An exempt employee who is absent for a full day for personal reasons CAN be docked regardless of whether or not he has vacation or personal time available. While I also cannot think of a reason why the employer would not require the employee to use their paid time off, if the employer chooses to require it be unpaid time that is legal.

            There are also a few other circumstances regarding the beginning and end of employment, and disciplinary suspensions, in which an exempt employee can be docked. Very few, though.
            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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            • #7
              Well, I did put in for a vacation day for the personal matter, but it ended up only being a .5 as I did put in a half-day's work.

              He also docked my pay without notifing me of it. That just probably just makes him a bad boss and not in violation of any federal or state statute. I think.

              So basically, if I'm reading all this correctly, he is required to pay me my full salary regardless and cannot even charge me with sick or vacation time?

              Comment


              • #8
                Oh, yes, he CAN charge you with vacation or sick usage. He just can't dock your total PAY. It's not the notification of the docking that is illegal; it's the docking itself.
                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
                  No, you are not reading it correctly.

                  You CAN have your pay docked in some circumstances. He CAN require you to use your vacation and or sick time.

                  If you were out of work for a personal reason not connected with your own illness, he does not HAVE to allow you to use your vacation or sick time. It WOULD be legal for your pay to be short in that case.
                  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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                  • #10
                    Well, the day was related to the illness of my home (central air needed major repair work). But it was a planned vacation day with my employer notified of the need of the day in advance of the event. The death in the family was sudden and unexpected and the funeral just happened to be on the day before the planned vacation day making for a bad combination of time off. At any rate, I did provide one half-day's work on both days.

                    Comment


                    • #11
                      Then while you have to be paid for the entire day, he CAN require you to use vacation or sick time to cover it.
                      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.

                      Comment

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