Alex Can a employer dock the pay of an exempt employee?
In order for an employee to qualify as exempt, the employee must receive a predetermined wage each pay period. The law prohibits the employer from docking the pay of an exempt employee because of the “quality or quantity” of the work.
Can a salaried employee be docked for missing work?
One important one that employers often ignore is the rule against docking pay. Exempt employees who are late or who need to leave work early – for doctor’s appointment, child care, whatever – cannot have their pay docked for missing a couple of hours of work.
When is pay docking permissible under the FLSA?
Permissible Pay Docking The FLSA allows employers to make deductions of an exempt employee’s salary under certain circumstances, including: When the employee is absent for one or more full days for personal reasons
Can a employer dock an employee’s vacation time?
But it cannot dock the employee’s pay. Importantly, the employer is allowed to dock vacation time and force the employee to use that to cover the hours missed. But the employees pay may never be docked. So what happens if the employer breaks this rule and docks pay? Well then the employer has just lost the FLSA “exemption” as to that employee.
In order for an employee to qualify as exempt, the employee must receive a predetermined wage each pay period. The law prohibits the employer from docking the pay of an exempt employee because of the “quality or quantity” of the work.
One important one that employers often ignore is the rule against docking pay. Exempt employees who are late or who need to leave work early – for doctor’s appointment, child care, whatever – cannot have their pay docked for missing a couple of hours of work.
Permissible Pay Docking The FLSA allows employers to make deductions of an exempt employee’s salary under certain circumstances, including: When the employee is absent for one or more full days for personal reasons
But it cannot dock the employee’s pay. Importantly, the employer is allowed to dock vacation time and force the employee to use that to cover the hours missed. But the employees pay may never be docked. So what happens if the employer breaks this rule and docks pay? Well then the employer has just lost the FLSA “exemption” as to that employee.
When do exempt employees receive a full weekly salary?
This means that an exempt employee must receive a full weekly salary when any work is performed during the week (the number of hours or days worked is immaterial) and when work is unavailable but the employee is ready, available, and able to work.
What are the requirements to be exempt from pay docking?
To be exempt, the employee must meet certain requirements regarding job duties and — excluding outside sales employees and teachers — must be paid on a salary basis. Exempt employees must receive a salary of at least $455 per week.
Is it illegal to dock pay from a salaried employee?
Answer: Docking Pay From Salaried, Exempt Employees Is Illegal…And Very Common The Fair Labor Standards Act (FLSA) is the law the controls the terms under which employees must be paid overtime. All employees fall into one of two categories “Exempt” or “Non-Exempt”.
This means that an exempt employee must receive a full weekly salary when any work is performed during the week (the number of hours or days worked is immaterial) and when work is unavailable but the employee is ready, available, and able to work.