Clearly Documented FLSA reg.
JM in ATL
305 Posts
I've spent (actually wasted) enough time on the DOL website looking for clearly documented verbage on an FLSA reg., which I could never find. If any of you could help, it would be appreciated.
I am looking for an accredited piece of documentation which states the FLSA reg that if a non-exempt salaried employee works part of a day (even if it is for an hour) he/she must be paid for a full day's work. A lot of these statements involve docking earned time off, but nothing that straight forward states that if they work, they get paid. Period.
Do any of you have some documentation from an authoritative source? Thanks!
I am looking for an accredited piece of documentation which states the FLSA reg that if a non-exempt salaried employee works part of a day (even if it is for an hour) he/she must be paid for a full day's work. A lot of these statements involve docking earned time off, but nothing that straight forward states that if they work, they get paid. Period.
Do any of you have some documentation from an authoritative source? Thanks!
Comments
Docking: 29 CFR 541.118
Partial-day absences: Abshire v. County of Kern, 908 F.2d 483 (9th Cir. 1990)
Docking in one-week increments: Block v. City of Los Angeles, 253 F.3d 410 (9th Cir. 2001)
Hope this helps.
OK, let me re-state my jibberish. The ee is a salaried exempt administrative professional. She worked an hour and went home. I told my payroll person she needed to be paid for a full day, she said that she didn't work and doesn't have ETO. I said, I know, but it's the law. The CEO thinks that if someone works 75% of the day, they get paid in full. I need something in writting from the FLSA or other credited source that the FLSA states that an EXEMPT salaried employee is not to have their time docked if they do not work a full day.
We require that they use ETO first, but this ee didn't have any ETO to use. So in essence we need to pay this ee for a full days work. This I know, but my CEO said that unless I can show him proof, he believes the 75% rule.
The court ruling was helpful, but it won't be concrete enough. DId I clarify or confuse?
"The employee must be paid a full week's salary for each week in which work is performed, regardless of the hours actually worked. The DOL regulations allow employers to dock an exempt employee's pay ONLY in limited circumstances. These include:
"1. absences of a day or more for personal reasons, other than sickness or an accident;
"2. absences of a day or more for sickness or disability if the employer has a plan, policy or practice of compensating employees for wage loss due to sickness and disability, or if the employee is receiving other wage loss benefits (e.g., workers' compensation, disability insurance payments);
"3. leave under the Family and Medical Leave Act;
"4. disciplinary pay reductions to penalize the employee for violating 'safety rules of major significance.'
"Although pay reductions for partial-day absences are generally not allowed, a federal court has ruled that an employer may reduce the employee's accumulated leave time for these absences. Once leave time is exhausted, however, the employer may NOT then begin docking an employee's pay for partial-day absences. The DOL has issued an opinion letter agreeing with this position." (US Employer's Guide 10 (2003))
PORK