Salary pay deduction

I interviewed with a company that offered me a specific yearly wage that I would be compensated for hourly. When I actually began the job they requested I take a slight pay cut and get a salaried compensation. I agreed, missunderstanding the outcome.

Is it legal for my employer to not pay me overtime, but deduct pay when I miss a day, despite being salaried?

1 answer  |  asked Sep 14, 2006 12:57 PM [EST]  |  applies to Arizona

Answers (1)

Francis Fanning
Right to overtime depends on job

The right to overtime is governed by the Fair Labor Standards Act. Normally, it entitles an employee to overtime pay for any hours worked in excess of 40 hours per week. Certain classes of jobs are exempt from this requirement, but only if the employee is paid a salary. The mere fact that you are salaried does not make you exempt unless you fit into one of the recognized exemptions. There are a number of exempt categories. The most common are managers, administrative employees (such as human resource people), and professionals (accountants, lawyers, etc.).
If an employer deducts pay from the salary of an exempt employee for less than a full day (e.g. 2 hours for being late), this effectively makes the employee hourly rather than salaried, and defeats the exemption. Deducting a full day's pay for a day missed is permissible under certain circumstances.
The U.S. Department of Labor, Wage & Hours Division, investigates claims of unpaid overtime. You can contact them if you believe you have been denied overtime. Check out their website, for more information.

posted by Francis Fanning  |  Sep 15, 2006 2:15 PM [EST]

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