Legal > I am on salary i DO NOT get paid for any overtime or >

I am on salary i DO NOT get paid for any overtime or weekend work i do. I gat paid 904.38 every two weeks. This week i received a check for 485.00 and was told i had time docked for the two and a half days i was out when i had to have emergency surgury to get all 4 of my wisdom teeth pulled and receiced a double ear infection on top of that. I understood that salary gets paid no matter what. That's why i do't get paid for overtime. I beleive they are trying to get out of paying me

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Azle, Texas

Already Tried:
Asked My Boss And She Told Me She Just Put Wahat The CPA Told Her Too. I Am Getting The Run Around!!!!

Customer (name blocked for privacy)

Hello,

Firstly, your question raises the possibility that you may be improperly be classified as an exempt employee.

In order for an employee to be exempt from the minimum wage and overtime requirements, he or she must be paid, with only minor exceptions relating to persons paid a fee, on a "salary basis". DOL regulations at 29 C.F.R. 541.602(a) state that a person is paid a salary if he or she receives each pay period a set amount constituting all or part of the compensation, the amount of which is "not subject to reduction because of variations in the quality or quantity of the work performed." The minimum salary amount is $455 per week.

If your gross pay is $904.38 for two weeks, you are not making the minimum required to be exempt. However, if this is net pay and your gross pay exceeds $455 per week, you meet the pay requirements to be exempt.

Now to your main question: an employee "must receive his full salary for any week in which he performs any work without regard to the number of days or hours worked". 541.602(b) provides limited exceptions to this rule, allowing the employer to make deductions from the employee’s salary. 541.602(b)(1) states, "Deductions from pay may be made when an exempt employee is absent from work for one, or more full days for personal reasons, OTHER THAN SICKNESS, OR DISABILITY." (emphasis added). Courts do allow employers to dock an employee for sick days if there is a sick day policy and the employee has exceeded sick days for the year. However, an exempt employee should not be docked for a part day, even if the full days were properly docked.

Take a look at this Dept of Labor Fact sheet for this info:

http://www.dol.gov/esa/regs/compliance/whd/fairpay/fs17g_salary.pdf

It sounds to me like the employer at the very least deducted more than they should have. This could allow you to seek non-exempt status and get back overtime for any work you did in the past. In light of that, you employer may want to reconsider its decision.

I hope this helps!

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Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.

___________________

Please keep in mind that information in this forum is for informational purposes only. It is not legal advice and does not constitute creation of an attorney client relationship. Before acting on any such information, you are always advised to consult with an attorney licensed to practice in your jurisdiction who can take the time to review all the facts and laws relevant to your situation.

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