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Salaried Employee being shorted in Kentucky

On Lawyer & Legal » Employment & Labor Law

2,536 words with 3 Comments; publish: Tue, 22 Nov 2005 13:36:00 GMT; (80062.50, « »)

I work for an engineering company as a Licensed Professional in Kentucky...My employer offers no sick time, no personal time and no comp time. They have now decided to deduct from our agreed salaries, monies for time not worked due to illness and now the day after thanksgiving when the business will be officially closed.

I was under the presumption that by "Fair Labor Standards Act" if a salaried employee works ANY time in a work week "employees must receive their full salary for any workweek in which they perform any work without regard to the number of days or hours worked".

Am i wrong in this assumption?

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    • Salaried is only a pay method. What matters is whether you are exempt or non-exempt.

      If you are non-exempt, but paid by salary, what they are doing is legal. As a non-exempt employee, you have no legal expectation of being paid when you do not work. (On the other hand, if you are non-exempt, if you work over 40 hours a week you must be paid overtime even if you are normally paid on a salaried basis.) The FLSA does not recognize the concept of a salaried non-exempt, although as long as you get OT when worked it is not technically illegal.

      If you are exempt, however, you are correct. While there are some circumstances in which an exempt employee can legally have their salary docked, the circumstances you describe are not among them. (PS - if your employer DID offer a "reasonable number" of paid sick days, it WOULD be legal to dock you for missing time due to illness if you called in sick when you either did not yet qualify for sick days or had used all the days available to you. There are no circumstances, however, in which an exempt employee can be docked for a day when the business is officially closed, although s/he can be required to use a vacation or personal day for that time.)

      #1; Tue, 22 Nov 2005 13:47:00 GMT
    • To clarify then, I am exempt, and if my employer offers no sick days and i call in sick one day, my paycheck should reflect my full pay for the period.

      And further, we can be expected to use a vacation day for any non-holiday that the office does not open?

      #2; Tue, 22 Nov 2005 14:00:00 GMT
    • Yes, since your employer offers no sick days, if you call in sick you should expect to be paid for that day. If they decide to start offering sick days, that will change, but as long as they do not offer paid sick time, they have to pay you if you call in sick.

      You can be required to use a vacation day for any day the office is closed. Even holidays, should they so choose.

      #3; Tue, 22 Nov 2005 14:09:00 GMT