Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

Is it ok to deduct from a salaried employee's pay if they…

Is it ok to deduct...
Is it ok to deduct from a salaried employee's pay if they take the day off and don't have any accrued PTO remaining? Or are we required to "borrow" PTO against future accruals?
Show More
Show Less
Ask Your Own Legal Question
Answered in 5 minutes by:
10/11/2017
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,317
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. 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. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Ask Your Own Legal Question
Customer reply replied 10 months ago
Hi

Thanks for your patience. Generally, an employer cannot deduct from an employee's salary unless the employee has consented to certain deductions (e.g. health insurance, stock options, etc.) or if it is required by law (e.g. payroll taxes, social security tax, etc.). If the employment policy is such that an employee's pay may be deducted if they take time off but have no PTO, then it is okay. Otherwise, the law will strictly prohibit this activity. Also, the agreement is going to dictate whether an employee can "borrow" against future POT accruals. Regardless, unless the employee agreed to the pay deduction, then the employer cannot do such a thing.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Ask Your Own Legal Question
Customer reply replied 10 months ago
What if the employee specifically states that she agrees for us to deduct exactly one day of pay from her paycheck?

If they agree, then that isn't going to be a problem. An employee can agree to have things deducted that aren't federally mandated like social security taxes. However, I would recommend getting it in writing so the employee doesn't file a wage claim with the state.

Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,317
Experience: Licensed to practice before state and federal court
Verified
Legal Eagle and 87 other Legal Specialists are ready to help you
Ask your own question now
Customer reply replied 10 months ago
Thank for your time

You bet. Best of luck.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,317
14,317 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
I am being charged for PTO that I used at my company on
I am being charged for PTO that I used at my company on termination. I was wondering if it is legal to deduct my final pay check on grounds that I over used PTO that was available to me. … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
4,583 satisfied customers
I have a question about my severance package. But she's slow
NY is an at will state and I believe that macy's Inc is at will … read more
Ray
Ray
Lawyer
Doctoral Degree
33,811 satisfied customers
Question about deducting pay from salary employee in
Question about deducting pay from salary employee in California.I provide 15 days of PTO per year, to use for any purpose including sick days. When an employee comes to work for 4 hours then leave for… read more
RobertJDFL
RobertJDFL
Attorney
Juris Doctorate
5 satisfied customers
I'm a small business (about 10 part time employees) who
I'm a small business (about 10 part time employees) who provides janitorial services to businesses in the Bay Area, and i have a question about Sick Leave:I've been following the California law since … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,415 satisfied customers
this question pertains to if a employer can suspend certain
this question pertains to if a employer can suspend certain benefits which are earned through out the year by an employee. For example, in a company handbook a worker earns so much paid time off per m… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
At my hospital I am employed as nurse for over 10 years. We
At my hospital I am employed as nurse for over 10 years. We are able to purchase PTO time off thru our paycheck. However if we cannot get the request for PTO time it is acrued and we are able to recei… read more
AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
Doctoral Degree
37 satisfied customers
Does any type of deduction due to the above on paycheck AUTOMATICALLY”
Does any type of deduction due to the above on paycheck “AUTOMATICALLY” disqualify the exemption status according to the Regs? What will happen if we can't find any supportive documents to address tho… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
We are a company in Florida. If we term an employee for Cause,
We are a company in Florida. If we term an employee for Cause, are we required to pay accrued PTO?… read more
Real Estate Expert
Real Estate Expert
Juris Doctor
1,970 satisfied customers
I am a salaried employee at a consulting firm - I get paid
I am a salaried employee at a consulting firm - I get paid regardless of the actual amount of billable work I do. The company wants employees such as myself to use vacation time when they don't have b… read more
JB-Umphrey
JB-Umphrey
Attorney & Counselor
Juris Doctor
606 satisfied customers
I worked a job for 7-1/2 yrs and only took two weeks off for
I worked a job for 7-1/2 yrs and only took two weeks off for my father's funeral. My boss said my position didn't follow an accrued vacation/sick day policy that I could take off the time when I saw f… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
An employee only earns 80 hours of vacation per year, this
An employee only earns 80 hours of vacation per year, this employee has earned 45.32, had 6.14 carried over and has used 24 hours with a current balance of 27.46. She has asked for her full 80 hours (… read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,946 satisfied customers
One of my exempt employees just informed me that if an employee
One of my exempt employees just informed me that if an employee takes less than 4 hours personal time, it can not be deducted from their available PTO. I believe she may be referring to the labor law … read more
Counselor
Counselor
Doctoral Degree
630 satisfied customers
Does the CA employer (private sector) determine how vacation
Does the CA employer (private sector) determine how vacation time is accrued? Ex: you get 5 vacation days after you have worked a year, 10 vacation days after you have worked 3 years… read more
attySince1978
attySince1978
Doctoral Degree
925 satisfied customers
I am a salaried employee (state of Wisc) and I am expected
I am a salaried employee (state of Wisc) and I am expected to put in at least 40 hrs/wk. I took a day off during the week to work a Saturday. (I average 45-50 hrs/wk). Corp took 8 hrs of PTO time for … read more
socrateaser
socrateaser
1,031 satisfied customers
Subject Docking pay of salaried exempt employee Details
Subject: Docking pay of salaried exempt employee Details: I recently missed work, because of a surgical procedure, that took me over my sick leave limit by a day. My employer is reducing my pay for th… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
Is it true in PA that if you are off work 4 or more days ...
Is it true in PA that if you are off work 4 or more days with an illiness and return to work with a doctors excuse for that time. It is considered medical leave and an employer can''t hold that time o… read more
Bill F.
Bill F.
Associate Degree
1,110 satisfied customers
under california law, as an employer, i have a section ...
under california law, as an employer, i have a section in my handbook that states that regular part time employees [who rg work more than 30 hrs a week] accrue some pro rata vacation pay. I o not stat… read more
Alice Wright
Alice Wright
Research Expert
Bachelor's Degree
302 satisfied customers
I was laid off from a job in Massachusetts. I was ...
I was laid off from a job in Massachusetts. I was only paid for 40 of 133 accrued vacation hours. Does Mass State labor law require an employer to pay for all accrued and unused vacation time? The com… read more
Ed Johnson
Ed Johnson
Senior HR Consultant and Business Devlpm
Bachelor's Degree
6,994 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x