hired @ salary, paid hourly

i was hired at a salary position, then was told after 6 months that the policy is changing, we are still 'salary' but if we miss time we are docked that time from our 'salary' pay. We are not alowed to 'make up' time we missed. Seems like the best of both worlds for the company. is this leagal?

1 answer  |  asked Dec 5, 2006 3:03 PM [EST]  |  applies to Ohio

Answers (1)

Neil Klingshirn
Time docked from salary may entitle you to overtime

An employer is allowed to change your compensation and pay package. However, if your employer makes changes that dock your salary for less than full day's absenses, you may be entitled to overtime.

That is, if you are currently working more than 40 hours a week but not receiving overtime, you may have a claim. In order to qualify for an exemption from overtime for you, your employer must pay you on a "salary basis." Docking your pay for missed time is not salary based pay. Rather, it is really hourly based pay. If you are not paid on a salary basis, you are not exempt from overtime and may have a claim.

posted by Neil Klingshirn  |  Dec 12, 2006 10:51 AM [EST]

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