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salary questions Virginia

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  • salary questions Virginia

    i was wondering if an employer can deduct pay from an exempt salaried employee when they leave early 1 day but work their full schedule the rest of the work week. i was told that as long as they work any portion of a work day they are supposed to be compensated for a whole days pay

  • #2
    PAY cannot be deducted from an exempt employee's salary in partial day increments unless it is either covered under FMLA or is the first or last week of employment. You are correct that with those caveats, if the exempt employee works any part of the day they must be paid for the whole day.

    However, the exempt employee can have their vacation, sick or other paid leave deducted with or without their consent to cover that absence. Neither Federal nor Virginia law (nor, for that matter, the law of any state with limited exceptions in CA) prohibits the forced use of paid leave; as long as the dollars in the paycheck are complete, the law is satisfied (the law has no interest in what happens to leave balances).
    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
      do you know of anywhere i can find documentation of this

      Comment


      • #4
        It's in the Fair Labor Standards Act. Perhaps Patty or DAW will be able to show you the exact page.
        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
          http://www.dol.gov/elaws/esa/flsa/overtime/cr4.htm

          http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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          • #6
            http://www.dol.gov/esa/whd/opinion/F...aidTimeOff.pdf
            "Reality is that which, when you stop believing in it, doesn't go away".
            Philip K. **** (1928-1982)

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            • #7
              What about Salary Non-exempt

              I assume the same applies to salary non-exempt? An employee is salary non-exempt. They missed a full day due to the closing of the plant (snow storm) and was forced to take PTO (paid time off - vacation).

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              • #8
                Any employee, regardless of their exempt status or pay method, can be required to use PTO or vacation for a snow day unless they are working under a contract or CBA that specifically says otherwise.
                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
                  What happens when vacation is used up?

                  So an employer can deduct vacation or Paid time off for days missed for anyone, but what happens to a salary worker (exempt or non-exempt) when their vacation is used up?

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                  • #10
                    For exempt employees, you would have to either pay them anyway or allow their vacation time to go into negative (not recommended).

                    For non-exempt employees, with rare exceptions, you do not have to pay them for any time they don't work regardless of how they are paid; however, I can't see the point of calling them salaried if you don't intend to pay them the same amount each week (overtime not withstanding).
                    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
                      Originally posted by cbg View Post
                      ... I can't see the point of calling them salaried if you don't intend to pay them the same amount each week (overtime not withstanding).
                      Sort of true, sort of not true. If we are talking about WK/BW pay frequencies then I agree with you. Salaried and Hourly come up with the same results if dockings occur for time not worked.

                      If however we are talking about SM/MN pay frequencies however that changes. Paying someone hourly gives a different answer then paying someone salaried with docking. I have done a lot of Non-Exempt Salaried over the years and every single one of them was associated with SM payroll.

                      And for reasons that have never made sense to me, most office workers get horribly offended at being paid on a hourly basis even if the salaried basis pays exactly the same money. Speaking as a payroll person, we all love hourly basis. It is clean, simple, makes sense. Salaried with deductions is a whole lot of work.

                      Past that, the "normal" Non-Exempt Salaried rules legally permit docking. Those are 29 CFR 778.113 with the actual docking rule stuck somewhere out in the 778.3xx range. The two weird exceptions are the Fluctuating Workweek Method and the Belo Plan method in which the employer in exchange for paying reduced overtime agrees to not dock base salary.

                      And arguably, the much of the FLSA does not make all that much sense. The deduction rules (531.xxx) in particular are seriously ugly. IMO, not much reason to get excited because this particular rule also does not make much sense.
                      "Reality is that which, when you stop believing in it, doesn't go away".
                      Philip K. **** (1928-1982)

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