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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17038
Experience:  Licensed Attorney with 28 yrs. exp in Employment Law
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I work for a Charter School in Texas, and I am an exempt employee.

Resolved Question:

I work for a Charter School in Texas, and I am an exempt employee. I do not have a contract, I am considered "at will". Part of our employee handbook says disciplinary action can be taken ie. suspended w/o pay. Does my school have an exception to the Fair Labor Standards Act?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 11 months ago.
Hello,

Thank you for the information and your question. Although the general rule under the FLSA for exempt employees is that the employee must be paid their full salary in any week that they work at all, there are exceptions. One of those exceptions is that the employer may deduct wages for a disciplinary suspension of one or more full days imposed in good faith for workplace conduct rule infractions. You can see what the DOL says about deductions in detail, by going to: http://www.dol.gov/elaws/esa/flsa/overtime/cr4.htm

If the employee though files a wage complaint based on a deduction of this type, the burden of proof would be on the employer to show that they provided advance notice to employees of this possibility and that the workplace rule was violated.

Please let me know if you need any clarification. I would be glad to assist you further if I can.
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 17038
Experience: Licensed Attorney with 28 yrs. exp in Employment Law
Marsha411JD and other Employment Law Specialists are ready to help you
Customer: replied 11 months ago.

Can they do this for tardiness? What are the situations they can do this?

Expert:  Marsha411JD replied 11 months ago.
Only those types of events that are discussed the the DOL are allowed in terms of deductions. That would not include tardiness. You can see the complete discussion, which is too lengthy to provide here, by going to: http://www.dol.gov/elaws/esa/flsa/overtime/cr5.htm

The employer though still has the right to take other nonmonetary disciplinary actions for tardiness, as long as those actions don't violate a contract or school policy.

I am logging off for the day now. If you have any further follow up questions, please feel free to ask them and I will respond tomorrow after I log on.

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