Can we withhold $ from salaried employee?
Jayhawk
42 Posts
We had an employee who gave her notice that she was quitting on a Friday morning. She said that day would be her last. She spent the morning packing up her things and was out the door by 11:00 a.m. To our knowledge, she did very little work, if any. Her position was an assistant manager and she received a salary. Our office is in Missouri. We would like to withhold a day's wages from her final paycheck, because although she came in, she did not perform any of the duties she is to be paid for. Any liability here?
Comments
For example if the the emplye was suppose to work 5 days in that week, then each day would bbe worth 1/5 of the weekly salary.
If the expectation in the work schedule is that she work 8 hours each work day, then take 3/8 of that daily salary. Or you could take the total actually hours worked for that last week as a percentage of th total hours the emplyee is expected to work under the salary and then use that percentage of the weekly salary.
There are probably a couple of ways to calculate it but I think the approach I'm taking is most consistent with the way DOL/FLSA views it.
"541.118(c):
Failure to pay the full salary in the initial or terminal week of employment is not considered inconsistent with the salary basis of payment. In such weeks the payment of a proportionate part of the employee's salary for the time actually
worked will meet the requirement...."