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Mississippi - Docking Exempt

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  • Mississippi - Docking Exempt

    I recall that when someone is exempt (from overtime), one of the things that comes with the bundle is that it severely limits what an employer can dock from your pay. What all is included in that list? What can they dock for and what can they not?

  • #2
    An exempt employee can have their PAY docked in the following situations (and only in the following situations):

    1.) It is the first or last week of employment and the employee did not work the entire week
    2.) The employee's absence is attributable to FMLA
    3.) The employer offers a reasonable number of paid sick days, and the employee calls in sick at a time when s/he either is not yet eligible for any or has used all to which s/he is entitled
    4.) The employee voluntarily takes a full day off for personal reasons
    5.) The employee is suspended for a major safety violation
    6.) The employee is suspended for the violation of a written company policy which applies to all employees and which relates to workplace conduct (sexual harassment, workplace violence, drugs/alcohol in the workplace etc.)

    In the case of #s 1 & 2, the employee can be docked in either full or partial day increments, whichever is applicable. In the case of #s 3-6, the employee's PAY can only be docked in full day increments. If they work any part of the day, they must be paid for the entire day.

    HOWEVER

    The employee's vacation, sick, PTO, or any other form of paid leave, can be docked in either full or partial day increments, for any of the above reasons, with or without the employee's permission or prior knowledge.
    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


    • #3
      And here is the FLSA regulation.
      http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.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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