Legal Question in Employment Law in Florida

Non-payment of salary employee

If a salaried (executive) employee is sent home in the middle of the day for misconduct; can the partial day be deducted from his pay?


Asked on 5/09/07, 5:18 pm

1 Answer from Attorneys

Re: Non-payment of salary employee

Nope. The only way to deduct pay for misconduct from salaried employees is to suspend them for an entire workweek and not pay for the week. (Unless they violate a major safety rule.)Otherwise, the Fair Labor Standards Act (usually known as the overtime law) prohibits pay docking for salaried (as opposed to hourly) employees.

The same is true for partial day medical and personal appointments. Pay may not be docked for salaried people.

Jeff Sheldon

Jeffrey L. Sheldon

The Sheldon Law Firm

CAVEAT: This is only general advice based on limited facts and knowledge of the situation. It thus can not be relied upon as legal advice nor is the author responsible or liable for any actions by the parties involved in the matter.

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Answered on 5/09/07, 10:47 pm


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