Is it legal to not pay overtime for salary employees and then dock their pay for missing a day

3 views 2 answers
I was promoted at work to manager and put on salary pay and the agreement was for 50 hours a week and I was made to work 100 to 120 hours a week without overtime pay or any compensation for all the exta hours then when my sister was in a car wreck and I missed 2 days of work I was then told by my employer that he was docking my check and taking half my pay for the week is this legal and he also doesn't offer health care to any employees

Attorney Answers

2
Jack Lewis SiegelLitigation LawyerDallas, TX ·
I've handled a ton of these cases and it sounds to me like you have a lawsuit on your hands for unpaid overtime. I'd suggest you contact a knowledgeable attorney in the DFW area regarding the specific facts of your case. However, until then, please find a little analysis to help you out in the meantime below: You may have two separate grounds for suit: (1) you position doesn't meet the administrative and/or managerial overtime exemption requirements; or (2) his docking of your pay made both exemptions in-applicable. Find information regarding the two exemptions here to see if you were misclassified by your employer: 1. http://www.dol.gov/whd/overtime/fs17c_administrative.pdf 2. http://www.dol.gov/whd/overtime/fs17b_executive.pdf An employer loses its exemption when they make an actual practice of improperly deducting from a salaried employee's wages. Whether an employer makes improper deductions a practice is decided based on the following factors: 1. number of improper deductions 2. comparison between amount of improper and proper deductions 3. time period in which the employer made the improper deductions 4. number and location of employees who had their pay improperly deducted and 5. the existence or non-existence of a policy permitting or prohibiting improper deductions
0 upvotes
Randal Moore ·
I agree with my colleague and would suggest finding a local employment attorney who can review the details of your situation privately. Good Luck!
0 upvotes