Thank you very much for focusing your question. This is really helpful. Please allow me to address your inquiries as follows:Can pay be deducted from my salary even though I worked over 30 hhours in the same week?
True "salaried" employees must receive a regular payment of a "predetermined amount...not subject to reduction because of variations in the quality or quantity of the work performed." 29 C.F.R. §541.602(a). Further, "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."
A salaried employee may not have their wages deducted 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.
There are exceptions to this general rule that an employee must always be paid their salary in full where an employee misses any COMPLETE day of work due illness, disability, or for personal reasons. Those exceptions are enumerated at 29 CFR 541.602, which you can read in its entirety here: http://cfr.vlex.com/vid/541-602-salary-basis-19683529
Note that partial day absences cannot
be deducted from the employee's pay.Do I have to document time during a work day and if I have no decision making ability?
An employer is free to require any employee to document their time spent during their workday, regardless of whether that employee has decision making ability. This is true because an employer retains vast discretion to direct an employee during their worktime and can typically require anything that does not run afoul of specific labor laws or itself constitute an illegal act (i.e., an employer can't direct an employee to steal).Am I considered a salaried employee? Any
employee can be paid on a salary basis. The real question, however, is whether the employee is overtime EXEMPT. In that case, the employee can be payed a flat rate, REGARDLESS of the number of hours worked.
Otherwise, an employee can receive a salary (which will be premised on an assumed 40 hour work week), and all hours worked in excess of 8 per day or 40 per week must be paid on top of the salary as overtime.
So for example, if an employee is not overtime-exempt but is being paid a salary of $1,000 per week, that would break down to an hourly rate of pay (assuming a 40 hour work week) of $25/hr. If an employee works 42 hours in a week, they would be entitled to 1.5 times their regular hourly rate of $25/hr for the additional two hours on TOP of their ordinary salary.
Only certain positions will be overtime exempt, and thus "pure" salary where the number of hours worked don't matter at all. The exemptions can get very complicated, but the common ones are for professionals such as doctors and lawyer, managers, "administrative employees," computer professionals, and certain salespersons. See here for a much more thorough list: http://www.dir.ca.gov/dlse/faq_overtimeexemptions.htm
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