Docking Pay for Exempt Employees

Can my employer dock my pay if I am an exempt employee?
  

Not without turning you into a non-exempt employee.  Being an exempt employee means that you are exempt from the overtime requirements of State and Federal overtime laws.  If you perform exempt duties (managerial, administrative or professional) then you can be paid on a salaried basis and not paid overtime.  But your employer cannot have its cake and eat it, too.  It cannot deny you overtime when you work more than 40 hours in a week and then dock your pay when you work less.  Partial day dockings of an exempt employee’s pay violate the salaried basis test and turn that otherwise exempt employee in to a non-exempt employee.  If your pay is subject to being docked for partial day absences (less than 8 hours) then you are not an exempt employee and you are entitled to be paid for all hours over forty in a week.  You should carefully review your employee handbook or other wage policies to see if your pay is subject to being docked for less than a whole day. 

Tags: ,

Leave a reply

Your email address will not be published. Required fields are marked *

Contact Us Today

 

I worked for a retailer and was a Plaintiff in a class action for unpaid overtime wages. Hayber, McKenna & Dinsmore did an amazing job of getting our unpaid overtime back to us. Every one at the firm that I dealt with through that process was wonderful to work with. I appreciate all they did for us more than you will ever know.
- L. LeHeup, Georgia