Legal Question in Employment Law in Florida
Can my employer dock my pay?
I am a bi-monthly Salary employee. Can my employer deduct hours missed by the hour based on a 40 hour work week when we work 86.6 hours per pay period? They do allow make up time, but just recently changed it to be made up in the same work week only because they said is against the law to work more than 40 hours. Can anything be done about the past 6 years that they did allow it?
Also they have just made an announcement that if you are late by 1 minute that they will deduct 15 mins of your time. Is that allowed by law?
2 Answers from Attorneys
Re: Can my employer dock my pay?
Generally speaking, and there are some exceptions, a person on salary receives a full day's pay for any day they work any amount of time. If an employee is properly on salary an employer may substitute vacation or sick time for hours missed. There is no law that says an employee may not work over forty-hours per week. If an employee is paid hourly (or should be paid hourly) then hours worked in excess of 40 hours per week must be paid at time and half. There is federal law that controls whether an employee can be salary or hourly, that is not an arbitrary call by the employer. Call me if you want to talk about this in more detail.
Re: Can my employer dock my pay?
First, if your employer is making deductions from your wages and you are a salaried employee, the deductions could affect whether the law considers you to truly be a "salaried" employee. Second, if you are working over 40 hours per week, your employer's deductions could also have an impact on whether you are now entitled to overtime compensation. Either way, the duties you are performing are important to understand in attempting to help you, so please contact us for further assistance and/or consult with an attorney as soon as possible to determine what your rights are.