Legal Question in Employment Law in Ohio
What are the rules for salaried employee's?
I am GM of a very busy Restaurant and average around 50 hours per week. I am paid a straight salary which has never varied. I worked 62 hours one week, took the next week off because my sister died very suddenly, and than worked 58 hours the next week.I still worked a total of 120 hours in 3 weeks, But when I got my paycheck, my boss did not pay me for the week I was out. Isnt salary supposed to be the same payment every pay period? I am very hurt by his callousness, and wonder if I have any legal recourse? Thank You,--name removed--Mellon
1 Answer from Attorneys
Re: What are the rules for salaried employee's?
Salaried employees who are exempt under the Fair Labor Standards Act (�FLSA�) can have pay deducted for full day absences due to personal reasons (i.e., for reasons other than your own illness/disability). Employers, however, cannot take deductions for partial day absences unless the absence constitutes leave taken under the Family and Medical Leave Act.
If your salary was docked for partial day absences, then the deduction may have been improper. Your post indicates, however, that your week-long leave was comprised of full day absences. If that is the case, then the deductions were likely proper. If that is not the case, feel free to submit another post with additional details or contact me directly. Additionally, the fact that you worked in excess of 40 hours the prior and subsequent weeks has no bearing on the deduction unless your position does not actually meet the criteria under the FLSA to qualify as an exempt position (if it does not, then you may be entitled be to overtime compensation as an hourly, rather than salaried employee).
Eileen M. Joyce
Ph.: 216.687.1244, Ext. 701
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