Employment Law

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My husband is a CDL driver for a company that changed his…

Customer Question
My husband is a...

My husband is a CDL driver for a company that changed his hourly wage to a salaried wage. He works well over 40 hours a week. If a salaried employee for this company does not work the whole day they deduct pay from that pay period. Does this make him an exempt or non exempt employee? They did not have him sign anything when they switched his pay either.

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

North Dakota

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

Full time but they are an at will employer

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

Do they have to pay him overtime?

Submitted: 7 months ago.Category: Employment Law
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Answered in 5 minutes by:
12/12/2017
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,333
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 7 months ago
That is fine. Thank you
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Great, thank you! Bear with me a moment while I review…

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Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thanks so much for your patience on this. Generally, if a person is a salaried employee, then they can only have deducted from their wages the amounts that they agreed to (e.g. union dues or health insurance) or the amount required by law (Medicare, state taxes, etc.). If a person is salaried and earns less than $455 per week, then federal law requires that they be paid over time which is normally calculated at 1.5x their regular wage. Employers are not generally allowed to deduct from an employee's paycheck for any reason, even if they miss work, if they are a salaried employee. In your case, if your husband doesn't work the full day, then he cannot have his pay deducted as a result. The only option for the employer is to either deduct from his accrued sick days or to terminate him altogether. Otherwise, what they're doing is considered wage theft. In addition, he is also owed overtime, but only if he makes less than $455 per week. Otherwise, he is not entitled to overtime pay.

What other questions did you have for me today?

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Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Hello, it’s been awhile since we connected so I wanted to check in with you to see if you had any further before you rated. If you have any other questions or if there is anything else I can assist you with today. Please reply here and let me know.

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