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I just became salary and would like to know if what my

Customer Question
Hello! I just...

Hello! I just became salary and would like to know if what my employer is doing is lega.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I am in Ohio.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

It is at will.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I currently work 51 hours a week, I was told that my pay is based on a six day work week. I am salary paid $800 a week. But, if I miss a day or a half day I am docked pay. I just want to know if my employer can dock my pay.

Submitted: 7 months ago.Category: Employment Law
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Customer reply replied 7 months ago
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10/3/2017
Employment Lawyer: Roy Hadavi,
 replied 7 months ago
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,280
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney with extensive labor law experience. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Deductions from salary may be made, however, when the 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. See Section 541.602(b)(1) of the Fair Labor Standards Act.
Deductions from salary may also be made for absences of one or more full days occasioned by sickness or disability (including work-related accidents), if the deductions are made “in accordance with a bona fide plan, policy or practice of providing compensation for loss of salary occasioned by such sickness or disability.” Thus, if the employer’s particular plan provides compensation for such absences, deductions for absences of one or more full days because of sickness or disability “may be made before the employee has qualified under the plan, policy or practice, and after the employee has exhausted the leave allowance thereunder.” See Section 541.602(b)(2) of the Fair Labor Standards Act.

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Customer reply replied 7 months ago
I started a job where I am salary. I was told my pay is based off a six day work week. I am required to work Monday through Friday from 8am to 6pm and Saturday from 9am to 3pm. I was told if I miss a full day that I will be docked a full day pay and if I work a half day, I will be docked a half day pay. I have never been salary before and am not sure of the complete laws on this. I have missed two half days last week due to my son being in the hospital and was told that I would be docked a half day pay for each day I was not at work for the half day. Is my employer allowed to dock my pay for these half days?
Employment Lawyer: Roy Hadavi,
 replied 7 months ago

No, they are not. They are only allowed to dock for full days of pay, when a full day is missed. If you work any portion of a day, you are to receive your normal salary for that day.

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Customer reply replied 7 months ago
I absolutely do not have the funds to pay any more for this. Is this law for the state of Ohio? I need to know how to go about not being docked pay for these days.
Employment Lawyer: Roy Hadavi,
 replied 7 months ago

This is federal law which covers Ohio and the entire country. If your employer attempts to deduct for these days you should inform them that this violates the Fair Labor Standards Act and that you will be forced to file a wage complaint, if they attempt to continue this unlawful policy.

If you do need to file a complaint there are two options. You can either file with:

  • The Ohio Wage & Hour Administration by clicking here; or
  • The United States Department of Labor by clicking here.
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Customer reply replied 7 months ago
what they are telling me is illegal? I was told that this is completely legal and because I have not been salary before for a small business I do not know. I am considered a manager but I have never signed any paperwork and am only going on what my employer has told me.
Employment Lawyer: Roy Hadavi,
 replied 7 months ago

They are incorrect. They cannot deduct fractional days.

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Customer reply replied 7 months ago
Does this apply to what they are talking about exempt and non exempt. I do not know the difference?
Employment Lawyer: Roy Hadavi,
 replied 7 months ago

A non-exempt employee is one that is not exempt from overtime, meal and rest period laws. That means that the employer must pay them overtime wages and must provide meal and rest breaks as required by law. An exempt employee is exempt from these laws and therefore does not receive any of these benefits. In order to classify an employee as exempt the are certain requirements that need to be met.

An exempt employee is also referred to as a salaried employee. A non-exempt employee is also referred to as an hourly employee.

You are an exempt employee (aka salaried). The laws we have been discussing specifically relate to exempt employees.

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Employment Lawyer: Roy Hadavi,
 replied 7 months ago

Hi Shannon. I received your voicemail. I would be happy to continue our conversation over the phone. A phone call is a premium service offered through the website for an additional fee. I would be happy to send you a premium service offer if you would like. Please let me know.

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Customer reply replied 7 months ago
Thank you so much for your quick reply! I would like to know before I get this premium service if what we discuss is able to be held up in court if I need to go that route? I have never had to do this before and need to make sure that the advice I am being given is absolutely true if I take it to my employer.
Customer reply replied 7 months ago
I cannot afford to be fired
Employment Lawyer: Roy Hadavi,
 replied 7 months ago

Yes, as you can see from the original information I provided, I am citing directly to the Fair Labor Standards Act, which is the federal law for this subject.

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Customer reply replied 7 months ago
my situation is completely applicable to the Ohio laws in 2017?
Employment Lawyer: Roy Hadavi,
 replied 7 months ago

Yes. Federal law supersedes Ohio law. Each state may make laws that are stricter than federal law, but not laws that are more lenient.

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