Legal Question in Employment Law in Tennessee
Last week pay for salaried employee
My daughter worked a partial week before quitting her job as General Manager of a restaurant. She was a salaried employee. The owner claims she can dock the pay if she wants to - salaried or not. What does the law say?
1 Answer from Attorneys
Re: Last week pay for salaried employee
In order to answer your question, we must first determine if your daughter is properly classified as an exempt or nonexempt employee for purposes of the Fair Labor Standards Act. If she is nonexempt, then the employer can dock her pay for any time she does not work. In exchange, your daughter is entitled to overtime pay for hours worked in excess of 40 during a workweek. On the other hand if your daughter is exempt, then the pay cannot be docked.
I would recommend that your daughter contact an attorney to look into this case for her. If you would like to contact our office, we'd be happy to speak with you. You can call us at (901) 527-5522.
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