PAY DEDUCTED BECAUSE BUSINESS IS CLOSED
getgone
3 Posts
Good Morning All,
I am new to the site and hope maybe someone can help me with an issue. Our company decided to close the day after Thanksgiving I am the customer service manager and the training manager for my company and Im a salaried employee...well to my surprise my check was short 1 day when I recieved my pay, I went to my boss to discuss this and was told he can deduct my pay because the office was closed and because I also missed a day earlier in the week sick that he didnt have to pay me for that day either because I was only in the office for 40mins and per DOL I have to work 2 hours or more to get paid. I have never had this issue before nor has my check ever had any deductions even when I have run out of sick time or PTO.
Can someone help me understand if this is proper according to the DOL?
Thanks
Comments
Good Morning,
Im in Georgia
I got this from BLR's website on exempt employees (assuming you're exempt) -- The employer may not deduct from an employee's pay for less than a day's absence for sickness or disability. But, if an employer, for example, provides an employee with 2 weeks of paid sick time by company policy and the employee has used up all of his or her sick time, an employer may deduct from the employee's paycheck in full-day increments if the employee is out for a day or more. If the employee works for any part of a day, though, and is out sick the remainder of the day, the employer may not deduct from the employee's paycheck.
As far as not working one day because the office was closed, my understanding is that exempt employees cannot have pay docked unless the closing is for one week or more. Maybe someone else could confirm that.
I don't believe that Georgia has a state rule on this (some state do). From the BLR website . . . .
Deductions may be made for absences of a full day or more occasioned by sickness or disability (including industrial accidents) if the deduction is made under a bona fide plan, policy, or practice of providing compensation for loss of salary caused by both sickness and disability. Sickness and disability deductions are an area of confusion for some employers. It is important to distinguish between deducting from an exempt employee's paycheck and deducting from an employee's allotted sick time. The employer may not deduct from an employee's pay for less than a day's absence for sickness or disability. But, if an employer, for example, provides an employee with 2 weeks of paid sick time by company policy and the employee has used up all of his or her sick time, an employer may deduct from the employee's paycheck in full-day increments if the employee is out for a day or more. If the employee works for any part of a day, though, and is out sick the remainder of the day, the employer may not deduct from the employee's paycheck.
On the other hand, employers may deduct from an employee's allotted sick time under the company's leave plan in increments of less than a day as long as the employee has not used up his or her paid sick time.
[quote user="getgone"]Yes I am exempt, so for the day that I worked 40 mins..I would use some of my sick time to cover it I assume. but what I was also told is that they were being nice in paying me my holiday pay because I didnt work the full day before.[/quote]
Except under FMLA circumstances, exempt employee's pay questions are always in terms of full days and full weeks. If you worked 1 minute on each day M-W, and the Company was closed Th-Fr, you are owed a week's pay. Your boss has put the Company in violation of FLSA.