Can an employer doc your pay if you are salary? ?

BTRFLI,

The arrangement sounds like a salaried position with no overtime.

Sometimes when someone is sick and has not accumulated sick days,

then the company can choose to not pay for the sick days, They may

even consider to pay him as long as he agrees to make up the time

on another day.

1)Can they do that? Yes, they can do that , but it has to be company policy and apply to all employees in his category or else it could be viewed as a discriminatory action.

2)Is there some law to protect him?

The Fair Labor Standards Act

http://www.dol.gov/esa/whd/flsa/

3)If they can do that is he not really and hourly employee and they should have to pay him any overtime due?

Overtime is a very complicated issue at times. You can not work for someone more than 8 hours in a day or else they have to pay overtime. The are not obligated to pay for holidays. There are a whole list where the companies policies can take precedent.

Generally, no. His salary cannot be docked for sick time.

Most employers provide paid sick time and paid vacation time. These times are used to make up for lost salary due to illness or vacation or personal time. The other option is to take time off without pay.

If your husband makes $455 per week (or more) and he's placed in a salaried position, his pay cannot be docked for being sick unless he's exceeded the number of allowed sick days or if the employer has in place a compensation plan to pay for sick days (your husband would use his paid sick days). I'm talking about a cold or flu, not long term absence for a major illness that might be covered by long term or short term disability.

If your husband takes time off for personal reasons (not sick) his pay can be docked unless he uses his paid vacation time.

If his workplace does not have an employee handbook, the employer may have major legal problems to justify pay issues.

It's a complicated subject. See this link:

http://www.dol.gov/dol/allcfr/ESA/Title_29/Part_54...

There ARE labor laws that can protect your husband's situation. But it all depends on HOW and WHAT was agreed upon at the time your husband was hired. Usually, company's have allowances for sick days (which are usually paid-for days). Companies usually have printed material explaining all those things like sick pay, holiday pay, vacation days, etc. Maybe his employer IS guilty of a violation OR maybe he isn't. If your husband has not printed material about those things, maybe another employee does. Let him ask around. Your husband might have a legitimate complaint which can be handled by the State Department of Labor.

If you are off for a day or more, you would normally be docked for it even if you are on salary, unless you have paid time off like sick days or vacation days available to use. And no, that doesn't make him an hourly employee.

If you leave early for a dentist appointment or something like that, you wouldn't be.

It could happen for a salaried employee to be docked from the pay for unauthorized absence. It happened to one of my friends who took more than allowable sick days. It was perfectly legal. But labor laws are different from state to state. My case was in CA. You might want to check with your state labor commission.

depends on what it says in the employee handbook. That is one shtty employer though, I never heard of such crap. if someone starts a salary job and they hadnt earned sick days yet, they usually dont F you like that, they give you the day, then take it back in 3 months or whatever when you've earned Time off