Legal Question in Employment Law in Florida

After tax, penalty deductions from a salaried employees wages

My girlfriend's employer is doing something which I feel is either illegal, or unethical, and I'd like to know which?

She is currently a salaried employee. If she misses a day of work, her employer deducts some amount of money from her check (I presume a days wages), but the deduction is taken AFTER taxes. Is this legal? Is it legal for the employer to deduct anything at all from a salaried employees wages? Shouldn't missed days just be used as grounds for termination?

A second question is that her job requires her to deliver products to customers, travelling hundreds of miles per week, to save money on delivery. Shouldn't she be compensated for travel expenses, (gas, wear and tear, etc)? If not, then her out of pocket expenses are actually a decrease in HER weekly salary.

Thanks for any help.


Asked on 6/09/00, 2:26 pm

1 Answer from Attorneys

Re: After tax, penalty deductions from a salaried employees wages

I assume you girlfriend is on salary and not paid overtime for hours worked in excess of 40 hours per week. That is, her company has classified her position as exempt from the fair labor standards Act (FLSA). The FLSA is rather complex and the determination of which employees are exempt and which are hourly workers is difficult to do correctly if the company is not taking the task seriously. Salaried (exempt) workers should be paid 8 hours pay per day if they work less than 8 hours or more than 8 hours. However, if an exempt employee works no hours in a day it is legal for the company to dock them a days pay or make them take a sick day/vacation day. I do not understand your "after taxes" comment, it sounds very strange to me and I would like to see a copy of the pay stub or talk to you before commenting on that. Most companies do reimburse for miles driven, it is a deducable business expense, I hope you are keeps a log of miles and receipts so your accountant can try to find you a break at tax time for those expenses.

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Answered on 7/29/00, 10:23 pm


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