If I'm exempt and I work 40 hours in four days and take off one day, can my employer charge me a personal day for the one day missed

Can I be docked 8 hours if I worked 40 hours in four days and bang out on the fifth?

1 answer  |  asked Jun 5, 2017 07:46 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
You are either exempt or hourly or maybe commissioned, etc... Exempt means you earn the same weekly or biweekly salary. Employees and employers sometimes erroneously believe or call an employee exempt to evade overtime pay or to compel overtime work. It's complicated. Seek legal counsel.

If you are not really exempt you are probably hourly and must be paid for all hours plus overtime at time and a half.

When an employer begins docking a salaried employee's pay that practice itself indicates the employee may not have the authority or discretion which comes with being exempt.

Skilled lawyers debate this issue regularly. The internet will not provide an answer for you.

posted by V Jonas Urba  |  Jun 5, 2017 08:45 AM [EST]

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