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If you aren't paid over 40 hours a week when you work more than 40, can they doc your pay if you miss a day of work?

Sterling, IL |

I work 50-60 hours weekly. I am salary based plus a monthly bous IF my store profits. If I call off a day, can they doc my pay or vacation time if they don't pay me the extra hours I work? i thought that if you were salary, you were paid whether you are here or not, and if you work extra, it works the same way. You are ALWAYS paid the same amount.

Attorney Answers 3


There are several facts that are used to determine whether you are salary or hourly. For example, if you show up late, do they require you to make up the time? You may also fall within the FLSA. The fact that the employer labels you a salaried employee has no bearing on this. You should talk to an attorney that does employment law.

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Assuming the employer has a valid sick leave or vacation policy, or the like, the employer can do this. On the other hand, if the employer docs your pay on, for example an hourly, basis for being late, you may or may not actually be exempt.there are many many more factors that go in to the equation.

You really should speak with an employment lawyer in your area before making any moves.

If you found this Answer to be helpful, please mark it as such. Remember, however, free advice is worth every penny you paid for it. This is only generalized commentary on your question. It is not to be taken as legal advice. I am a lawyer – but not your lawyer! Even "in person" interviews leave attorneys with plenty of questions – the Internet makes it crazy! Thank you Chuck Watson 217.544.6165

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Under federal law, whether or not you are exempt or non-exempt from overtime depends on your job duties, responsibilities, and whether you are paid an appropriate (statutory) salary. If you do not meet the criteria to be exempt from overtime the employer is required to pay you time and one-half for each hour worked in excess of 40 hours in a workweek. The employer would NOT be responsible to pay you for any hours you did not actually work. If you are exempt from overtime, there the employer can dock your pay in specific circumstances. You should consult with a local labor/employment attorney to determine your status and your rights.

Answers to questions on this forum do not create an attorney-client relationship.

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