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Pay cut for day off-Indiana

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  • Pay cut for day off-Indiana

    (Indiana) I am a non-exempt employee and I took off last friday. My paycheck, which is salary, was cut by $70 for that week. After researching I found that this was perfectly legal. BUT two things, I was not informed beforehand that if I take a day off they would cut it, plus they have no written documentation as to how many days we can or can't have off, however they did approve my day off. I don't know if these two things change my situation or not. Only when I get my check and question the amount am I told this is why my salary was cut. Meanwhile, while digging through Labor Law issues, I discover I am not being paid overtime and haven't been since I became a salaried worker in Apr-May. So should I just ask for my overtime money or say Hey give me my $70 and we'll call it even?

  • #2
    As a non-exempt employee you have no legal expectation of being paid when you do not work, regardless of whether they told you in advance that you would be docked and regardless of whether there is a written policy stating how many vacation/sick/personal days your employer offers. So neither of those issues changes the legality of their taking the $70 out of your check.

    How much overtime have you worked since last spring?
    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.


    • #3
      And these are two separately distinct issues. Don't bargain away your overtime. It doesn't take much overtime to reach $70. Assuming you work an 8-hour day, you make $8.75 an hour; that's only 5.33 hours of overtime pay.
      Last edited by Pattymd; 09-26-2005, 02:09 PM.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


      • #4
        Amount of Overtime

        OK , i figured it up today:

        Since the beginning of April, I accrued 42.75 hours of overtime. That is a lot, definitely way more than $70. Problem is I keep track of these hours myself, my boss could always say I didn't work those. However, we do keep a schedule of clients coming in and that would prove I was there, it's got my name on it. Second problem, i don't want to lose my job. If I bring up this overtime, it won't be pretty.


        • #5
          When you file a claim for unpaid overtime, the company will investigate. It is the employer's responsibility to know when employees are working. In the majority of cases, the claim will be honored in favor of the employee if the employer cannot prove that the employee WAS NOT working. In other words, the burden of proof is on the employer to refute your claim, not the other way around.

          Plus, if you are fired as retaliation for making this claim, you can file for unemployment AND wrongful termination.

          Good luck.
          I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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