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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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Good evening. I work in WA company that has contractual

Customer Question

Good evening. I work in WA for a company that has contractual agreement with Medcor out of McHenry, Illinois. I received my pay stub this past friday, and I was only paid for 63.25 hours; I actually worked 80 hours. My boss spoke with payroll and they said, since I was not in clinic tuesday, which was an excused absence, I wasn't going to get paid the difference even though I made up the hours on the other days that require me to work past my shift dealing with issues onsite.
I would appreciate your guidance regarding this matter. Medcor has been known to not pay some of their employees the full work week, and dock pay of the people on an intermittent basis.
Thank you,
Maria Schwartz
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Good evening Maria. I am very sorry to hear about this issue with your pay. Can you please clarify for me--are you paid a salary or are you paid hourly? Also, what is the nature of your job? I very much look forward to helping you on this matter.
Customer: replied 1 year ago.
I am salary. I put in 80 hours for the pay period, yet they pay me as if I am hourly. I'm a medical administrator for a clinic that provides occupational health services for a manufacturing company called GENIE INDUSTRIES.
Expert:  Patrick, Esq. replied 1 year ago.
Thank you. If you are a salaried exempt employee (meaning exempt from receiving overtime) as appears to be the case, then the deduction you describe is actually legal, despite being very unfair. The reason is because, as a salaried exempt employee, your employer is legally permitted to make a pro rata deduction from your salary for any FULL day absence that you have due to illness or personal reasons. This remains true even if you worked more on other days to make up for it because as a salaried employee, your are not paid based on the number of hours you work, you are paid to "get the job done," however many hours that takes. Certainly its unfair to dock an employee's pay when they have clearly "made up" the missed day by working more hours, but the law does not prohibit it because the law permits employers to make pro rata deductions for any FULL day absences the employee has due to illness or personal reasons. The fact that your paystub reflects "hours worked" is what's throwing you off. A lot of salaried employees still see that on their paystub because it's how the payroll software works. But do not be mislead by that. The "hours worked" reflected there are meaningless. Again, as a salaried employee, your employer can make you work however many hours required to "get the job done" and the exact number of hours you work have no bearing on what you are ultimately paid. Now, there is a flip side to being salaried that is actually an advantage to employees. They can always count on getting the same pay every pay period, which a salaried employee can't. This holds true even if they get sent home early or their employer asks them not to come in. Even if a salaried employee works so much as one hour their employer cannot deduct anything from their pay that day. They are guaranteed their full salary with the onlyexception being FULL day absences due to illness or personal reasons. Salaried employees also aren't a slave to the time clock They have much more freedom, generally speaking, because they are simply responsible for getting the job done, not putting in a specific number of hours. I mention all this because I anticipate that you'll find it quite unfair to hear that your employer can deduct your pay for a day missed even though you worked more hours on other days to make up for it. It is unfair, but hopefully some of the benefits to being salaried that I have explained above will help to offset that unfairness in your mind, as being salaried certainly has its advantages for employees, too. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.* Disclaimer *Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.