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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19100
Experience:  Employment/Labor Law Litigation
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Can you send an employee home tardiness and dock

Customer Question

Can you send an employee home for excessive tardiness and dock their pay if they're salaried?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.
Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. While it is true that a salaried employee doesn't technically have specific hours that they have to work that does not mean that an employer cannot discipline a salaried worker for excessive tardiness. The salaried employee can't be docked the minutes that they are late, but the employer can still hold it against them, including a suspension from work. Now, just like with regular salaried exempt issues, the absence has to be for an entire day or days. So, if you sent a salaried employee home today and they had already worked 4 hours, they have to be paid for the day (unless they were being terminated, at which point the law allows their final check to be paid on a prorated basis, based on the hours they worked). However, if you required that employee to stay away from work for two days, their check could legally be deducted those two. The problem though is that suspensions with pay deductions are very difficult to legally justify for a salaried employee. You have to demonstrate serious misconduct or infractions of safety rules of major significance. The point is that it has to be more serious than simply attendance issues. Furthermore, you have to have a written policy in place, clearly indicating that this is a possibility BEFORE it is done. On the facts you've outlined here, I don't see that you have sufficient misconduct to allow for a suspension without pay. If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Also, feel free to request me in the future, if you have questions concerning a different matter.
Expert:  Allen M., Esq. replied 1 year ago.
Hello, I wanted to check in and make sure that there was not any additional information that you required. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.