I am a salaried employee and I was out sick should my pay be deducted?
Even for salaried/exempt employees, the employer may deduct pay for full days not worked or may charge sick time for those days and the employer does not risk losing that employees exempt status. It is only when the employer begins deducting hours during partial days worked from exempt employees that it risks having the employee's exempt status converted to non-exempt.
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so it is not the case that a salaried employee is to be paid the same no matter how many hours are worked during the week?
For hours worked yes they are paid the same no matter how many hours over 40 worked, but if an employee takes off sick, the employer can charge them a sick or personal day for such an occurrance, but they should not be reducing your pay if you still worked your 40 hours that week. If you believe the employer has unlawfully reduced your pay and converted you from an exempt to a non-exempt employee, then you need to make a wage claim to the state department of labor wage and hour division and/or the US Department of Labor wage and hour division and they will evaluate your position to determine if you are a true exempt employee.
So please help me with this...am I interperting it wrong?(a) General rule. An employee will be considered to be paid on a ``salary basis'' within the meaning of these regulations if the employee regularly receives each pay period on a weekly, or less frequent basis, a predetermined amount constituting all or part of the employee's compensation, which amount is not subject to reduction because of variations in the quality or quantity of the work performed. Subject to the exceptions provided in paragraph (b) of this section, an exempt employee must receive the full salary for any week in which the employee performs any work without regard to the number of days or hours worked. Exempt employees need not be paid for any workweek in which they perform no work. An employee is not paid on a salary basis if deductions from the employee's predetermined compensation are made for absences occasioned by the employer or by the operating requirements of the business. If the employee is ready, willing and able to work, deductions may not be made for time when work is not available. 29CFR541.602 - Salary basis
Sure, my answer above stated "but if an employee takes off sick, the employer can charge them a sick or personal day for such an occurrance, but they should not be reducing your pay if you still worked your 40 hours that week." This would mean that the pay would not be reduced but you would be charged a sick/personal day for the absence. They cannot reduce your pay but can indeed charge you sick or vacation time. As I said in the previous answer, if they are reducing your pay, then it may be that you are not a real exempt employee and/or they will lose the exemption for you and would owe you all back Overtime, which is why I referred you to the US Department of Labor.
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