Employment Law Questions? Ask an Employment Lawyer.
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Is she a salaried employee? She was supposed to work 83 hours in a workweek? Did she miss any full days of work for personal reasons?
Under the salary basis rule of the FLSA you can withhold pay for full days absences due to personal reasons; not due to sickness or disability. You wouldn't want to pay hourly because then you destroy the salary basis. What you would do, is withhold whatever proportion of the day she missed on the workweek so if she missed two full days of a five-day work week would pay her 3/5ths of her salary for the week.I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.
Why was she leaving early each day?
These would be considered personal time off. The fair labor standards act, which controls this matter, states the following:
(1) Deductions from pay may be made when an exempt employee is absent from work for one or more full days for personal reasons, other than sickness or disability. Thus, if an employee is absent for two full days to handle personal affairs, the employee's salaried status will not be affected if deductions are made from the salary for two full-day absences. However, if an exempt employee is absent for one and a half days for personal reasons, the employer can deduct only for the one full-day absence.
Thus if this person was missing portions of days, then you cannot deduct those days or any part of them from her salary. I would suggest you do one of two things for this employee – one) reduce her salary into the future, two) make her an hourly employee.
Hope this answers your questions. Thanks