Legal Question in Employment Law in Virginia

Can a Virginia employer dock a salaried (exempt) employees pay if they are out sick (or personal day) during their 90 probationary period. Employee was promised 6 sick days and 2 weeks paid vacation, but has not accrued the time yet. Therefore, employer wants to dock salary.

Can a Virginia employer force an employee to accept compensatory time instead of paying for overtime? Employee must take the comp time in a different pay period than it was earned.


Asked on 4/15/11, 6:01 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Under the circumstances described in the first question and the employee working without the protection of an enforceable contract, my answer would be, yes.

As for the second question, the federal Fair Labor Standards Act mandates that

hourly compensated employees must be paid time and one half for all

hours worked over 40 in any given week and says nothing about the employer

having the right to require an employee to accept comp time in lieu of

the referenced monetary compensation.The answer, therefore, must be, no,

to this question.

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Answered on 4/15/11, 8:45 pm


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