Write-ups and Withholding Pay (Salaried Employees)

One of our Partners wants to implement the following policy for his client: If avoidable error committed, person is written up. Second time sent home without pay. These are salaried employees, in Florida. What are applicable wage and hour provisions that would impact ability to put this policy in place?

1 answer  |  asked Dec 13, 2007 06:38 AM [EST]  |  applies to Georgia

Answers (1)

Robert Norell
Withholding Pay for Salaried Employees

This policy may destroy any exemption to the overtime pay requirements of the Fair Labor Standards Act (FLSA) that the company has for these employees. In other words, if salaried employees have their pay docked, and if they worked more than 40 hours in a workweek, then that docking can result in the employee having a claim for unpaid overtime. There are very specific instances where a company can dock a salaried employee and not jeopardize the exemption to the overtime pay requirements of the FLSA. For example, if an employee is sent home for violating a safety rule of major significance, then the employer may not lose the exemption.

If you have any other questions concerning unpaid wages, overtime, commissions, bonuses, severance, or any other vested employee benefit, please feel free to call me at 954-617-6017 or visit my website at www.FloridaWageLaw.com.

Robert S. Norell, Esq.

posted by Robert Norell  |  Mar 17, 2008 02:25 AM [EST]

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