Legal Question in Employment Law in Illinois

An employer could be liable for all past overtime pay of an exempt employee if the employer makes deductions from the salary. The Fair Labor Standards Act (FLSA) which regulates wages provides that the following deductions are allowed from an exempt employee's salary:

�full day's salary for a full day's absence for personal reasons (for example, vacation);

�full day's salary for an illness or disability-related absence of a full day or more if the company has an established policy or practice of doing so;

�any time taken off as unpaid leave, including a partial day, under the Family Medical Leave Act;

�salary penalty, in good faith, for violating a major safety rule in place.

�unpaid disciplinary suspension of a full day or more under an established conduct policy.

Also, an employer only has to pay an employee a proportionate amount of salary for the first or last week worked if the employee worked less than a full week.

Thus, the answer will depend upon why you did not work forty hours and the length of time you took off. I'm happy to help if you want to contact me directly at [email protected].