Deductions in salaried pay

Can an employer make deductions in pay for being a few hours short of 40 per week for salaried employees?

Thought it was a weekly pay regardless of actual hours. Full days I'd understand...but 1/2 hour here and there?

1 answer  |  asked Jul 17, 2001 10:20 AM [EST]  |  applies to Minnesota

Answers (1)

Bill Egan
FLSA Issue

No. Aan employer that makes partial day deductions for exempt employees risks losing the exempt status on those employees, meaning that they could have to pay overtime for all weeks worked in excess of 40 hours. They can use vacation time or PTO time to make up the difference, but if they reduce pay, you can claim non-exempt status and seek overtime pay for all hours worked over the last two (maybe three if the violation is intentional) in excess of a 40 hour week. E.g., if you worked 60 hours in another week, you could claim 20 hours at time and one half for that week.

posted by Bill Egan  |  Jul 17, 2001 4:56 PM [EST]

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