Legal Question in Employment Law in Pennsylvania

Can a company dock one days pay when you are a Salaried Employee?

I am a Full Time Salaried Employee, and I happen to be out of both sick and vacation time. I wanted to take a day off for the holidays and have my company dock me one days pay. They stated that since I am full time, they can not do that. Is this true?


Asked on 12/20/07, 11:52 am

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Can a company dock one days pay when you are a Salaried Employee?

You asked about time off.

Both of you are correct. The employer can give you time off but they can't really dock you for the day unless they have a policy of doing so. Such a policy would run the risk of having everyone subject to that policy evaluated as to exempt or non-exempt status.

A better bet would be to see if you can make up the time. Technically an exempt employee should be able to take off any time so long as the work gets done. (It's always been one of my pet peeves with exempt, they can demand you work more than 40 without coughing up overtime, but don't you dare work less than 40.)

Regards,

Roger

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Answered on 12/20/07, 7:59 pm


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