Legal Question in Employment Law in Florida
Deduction in pay from time taken under salary
I was hired on at a salary the after 3 months my boss changed me and another employee to hourly. He is now wanting to deduct the time taken off under salary from our paychecks. There was overtime worked when we were on salary but, we were exempt. Is that at all legal?
2 Answers from Attorneys
Re: Deduction in pay from time taken under salary
The question you have asked is very fact-specific and will depend on a number of factors. First, the mere classification by your employer of your position as "exempt" is not controlling and itself may be wrong. Second, if you are paid a salary and are exempt, then deductions for partial day absences (or things like lunch) would be inappropriate and might even destroy the exemption. You should consult with an attorney to obtain specific guidance in your circumstances. Please feel free to contact us for further assistance.
Re: Deduction in pay from time taken under salary
It is difficult to answer your question without further facts. However, you should know that merely because you were salaried initially that does not mean you were properly exempt. Depending on the duties you performed at your job your classification may have been wrong to begin with. Further while your employer is entitled to deduct full day absences from salary received at the time of the absences, they cannot make deductions from pay corresponding to work weeks now. If you'd like to discuss these issues further feel free to give me a call at 877-456-WAGE.