Legal Question in Employment Law in Alabama

Re: salary vs. hourly wage

The short answer is yes. But . . . . . .

The issue can become extremely complicated. The law that governs this is the Federal Fair Labor Standards Act (FLSA). It is clear under the law that you cannot be cut by less than a day, however, a one time violation of this rule may not be enough to trigger FLSA violation. The real issue is why are you classified as salary? Just because your employer says you are salary does not make you exempt. It depends on the type of work you do, whether you manage other employees and other issues. Even if you are non-exempt (and thus subject to hourly wages) the other important question becomes whether you've had to work overtime and have not been paid for it. If so, then you have a potentially strong case.

I would see what the policy is on half day absences in your position before proceeding. If the policy, especially if it is in writing, is that you will be docked based on the number of hours missed then you should be getting overtime (i.e. time and a half) for all hours worked in excess of 40 hours/week. If this is the case, call me at 205-458-1100 and I'd be happy to help you further.