QUESTION

can a salaried mngr. check be prorated if time is short by minutes

Asked on Jan 09th, 2013 on Labor and Employment - Alabama
More details to this question:
I am a salaried mngr. required to work 45 clock hours. anything less than 43 my check is prorated. when I am required to work 50 hours for 3 months out of the year, I receive no overtime pay. is this legal grounds for a law suit.
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1 ANSWER

Employment Law Attorney serving Chicago, IL
Partner at Goldman & Ehrlich
4 Awards
Under Federal law, the employer could dock your pay based on the hours worked (or not worked) even if you are salaried.  This by itself would not violate federal law.  BUT, the danger for the employer (and therefore possible benefit for you) is that when your employer starts treating your pay as if you were hourly, it potentially exposes him to having to pay you overtime pay for working over 40 hours a week.  The employer cannot have it both ways in terms of getting you to work over 40 hours without having to pay overtime, but then docking your pay when you miss a few hours here and there. It is worth it for you to meet with an attorney to explore this in more detail so you at least know your options
Answered on Jan 10th, 2013 at 9:47 AM

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