QUESTION

As a salaried employee, can my employer not pay my full salary if he does not have enough work for me to get my hours?

Asked on Nov 06th, 2013 on Employment Contracts - Florida
More details to this question:
I am expected to work 43-47 hours per week. My employer did not have enough work for me the past two weeks and docked my pay. I was available to work.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
What was your agreement?  Was it that you would be paid a certain amount regardless of  how many hours you worked?  What pay would you have expected if you had worked 55 hours? The short answer is that if your agreement with your employer is that you will be paid a set amount regardless of the hours you work,he can't pay you less than that amount for working less hours than usual.  However, barring a contract which provides that you are guaranteed employment for a specified period of time, or that you can only be fired for specified reasons, and assuming that you are not covered by some statutory protection (e.g. you can't be discriminated against because of your age, religion, gender, etc.), your employer can fire you if you refuse to take a pay cut.
Answered on Nov 07th, 2013 at 1:01 PM

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