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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 115450
Experience:  20+ Years of Employment Law Experience
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I have been a salaried employee with a company 5 years. This

Customer Question

I have been a salaried employee with a company for nearly 5 years. This past November the company was sold and I remained on as salaried with a slight raise. Last week the new owner came to me to say that she was changing me to an hourly employee starting the next pay period. This week, I had to miss 2 days due to my son being sick and home from daycare. She just informed me that I won't be getting paid for those 2 days even though I'm still technically salaried. Is this even legal? I'm located in Florida.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, under the Fair Labor Standards Act and also FL laws, even if someone is on salary, if they miss work for reasons not the fault of the employer, the employer has the option to dock pay or charge their leave time if they have any. So, if you missed because your son was sick, the employer could take that from sick/vacation time if you have any or could lower your pay for those days. That is within the parameters of the FLSA.