Legal Question in Employment Law in Texas

Salary Reduced for days off

I am a salaried employee, based on 40 hours of work per week. Occasionally, we work more than 40 hours a week, and are not compensated for that. If I take a few hours off here and there to go to the doctor, or we are closed due to a tropical storm, we are docked pay. Is it legal for them to dock our pay when I am a salaried employee?

Asked on 8/29/08, 4:02 pm

1 Answer from Attorneys

Kell Simon Ross Law, P.C.

Re: Salary Reduced for days off

Under the Fair Labor Standards Act, which is the federal statute that governs overtime pay, employees who are salaried may not be docked for partial days off, but may be docked for full days. It is possible that if your employer docks your pay for partial days taken off, the employer could lose the right to pay you on a salary basis, and must pay you time and one-half for overtime hours that you work.

I will be glad to discuss this with you further if you have questions.

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Answered on 8/29/08, 4:09 pm

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