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Salary employee in Colorado

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  • Salary employee in Colorado

    I have a question about a salary and what a boss is allowed to do. My wife is a salary employee for a franchise day care. She puts in about 50 hours a week. Now our question is if she has to leave work 2 hours early one day but still works 48 hours is her boss allowed to deduct the 2 hours from her pay or should she still get paid the same as normal?

  • #2
    I'll assume that by salary you mean exempt. Salaried is only a pay method and does not, in itself, confer any rights, responsibilities or privileges.

    They cannot deduct from her PAY. They CAN deduct from her vacation, sick or personal time.
    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
      But if she does not have any sick time then what. She used up her time when she had our little boy. What her boss is doing is breaking down her salary into an hour wage and then if she need to leave early one day she will drop her pay down 2 hours and only pay her for 38 hours and take money out of her check even thought over the week she worked 48 hours.

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      • #4
        Assuming that your wife is exempt, her boss is in violation of the law. (VERY IMPORTANT NOTE: If she is NOT exempt, then he is NOT in violation and he can legally do this.) IF she is exempt, she can report him to the Department of Labor.

        Whether or not she is exempt, and therefore whether or not this is illegal, depends on her job duties. NOT her job title; her primary duties. You'll have to give us some idea what she actually does before we can tell you if she has any recourse or not.
        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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        • #5
          She is the assisstant director of a day care. She is responcable for tranning new hires, keeping files of family, doing tours, and helping the director.

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          • #6
            How much independent judgement can she exercise?

            Your description is indeterminate; it could go either way.
            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
              if you mean judgement in what happens with the company she has none she has to do what the boss tells her. Like I said it is a franchise and private owner.

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              • #8
                No, I don't mean with the company. I mean with her job.
                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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                • #9
                  Evrything has to be run through the owner. The can not even do a food order for the school with out checking with her first.

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                  • #10
                    Then the likelihood is that she is NON-exempt, in which case it is LEGAL for them to dock her for those two hours.

                    The flip side is that she is most likely entitled to overtime if she works over 40 hours in a week.
                    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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                    • #11
                      but she does not get over time or comp time. that is what we can not figure out. her boss makes her work 50 to 60 hours a week but when my wife needs 2 hours to go to the doctor she loses money for it.

                      I will have her pop on here tonight with better info about her job.
                      Last edited by Tatsu; 09-21-2006, 02:07 PM.

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                      • #12
                        Exempt or non-exempt is an employee classification as defined by FLSA. If she is exempt, then she must meet one of the qualifying categories. It's your primary job duties that define your status under FLSA (not your job title). Here is some additional information: http://www.dol.gov/esa/regs/complian...a_overview.htm .

                        So that we can stop issuing speculation on the matter, is your wife able to confirm her FLSA status with her boss? It's possible this designation was listed on an offer letter or job description. If your wife is uncertain, she may contact DOL directly and request a determination.

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                        • #13
                          The reason you're having trouble with this is that you're assuming that because her employer is doing things this way, it must be all right and you just can't understand it yet.

                          Her employer is almost certainly in violation of the law.

                          If she is exempt, then he cannot dock her pay (though he can dock her sick and vacation time).

                          If she is non-exempt, then she almost certainly is due overtime (though not comp time).

                          The employer doesn't get to have it both ways. Either he's violating the law by docking her pay (if she is exempt) or he's violating the law by not paying her overtime (if she's non-exempt).
                          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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                          • #14
                            Thank you for the help

                            Comment

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