Exempt Employee Limited Duties and Docked Pay
Hello.
I'm having a bit of trouble wrapping my head around the labor laws regarding exempt employees, specifically for Washington state.
I will be having surgery next month and will continue to do most of my duties for work, and be there, 40 hours a week. I will have to hire someone to cover the more physically demanding aspects of my job for the 2 months I cannot do them.
My employer is threatening me to either do said physical aspects of my job (which my surgeon will not clear me for for at least 2 months) or he will dock my pay to cover the employee we have to hire, citing my inability to fully do my job.
There is no option for me not to work, as I am the face and primary manager of the company.
Can he legally dock my pay for not being medically cleared to perform part of my job but still working the same hours and doing the most important elements?
I have no benefits other than pay. No sick time,vacation, Insurance,etc. This is a small business of 7 employees.
My understanding is because he offers none of those things and I will not be taking any full days off, he cannot dock my salary. Is that correct?
Re: Exempt Employee Limited Duties and Docked Pay
He can tell you to not come to work and replace you. In a small company you really have little rights. He has given you plenty of notice your wage will be lowered. As long as you earn minimum wage he is fine.
Re: Exempt Employee Limited Duties and Docked Pay
Let me be sure I am understanding you. You are definitely EXEMPT (not just salaried - not all salaried employees are exempt) and he does not offer any sick time? Or you have no sick time left? It makes a difference.
Re: Exempt Employee Limited Duties and Docked Pay
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Let me be sure I am understanding you. You are definitely EXEMPT (not just salaried - not all salaried employees are exempt) and he does not offer any sick time? Or you have no sick time left? It makes a difference.
I am definitely exempt. I run the majority of the business at my discretion, including hiring, firing, making significant changes, ordering from vendors as I see fit, etc.. Considering he would owe me for well over a thousand overtime hours if I was not, I'm sure he would fight to satisfy any requirements that I am exempt.. He offers no sick time or any benefits. I get my salary and that's it.
He even told me that he had been generous by not docking my pay when he decided to close New Year's eve against my advice.
Re: Exempt Employee Limited Duties and Docked Pay
Under the FLSA, if you are EXEMPT (not just salaried) you cannot be docked for time missed due to illness UNLESS he also offers a reasonable number of paid sick days.
Now, just to be sure there are no exceptions, does your employer do more than $500,000 gross in business per year AND does he engage in any interstate commerce? (The definition of interstate commerce is very, very broad.)
Re: Exempt Employee Limited Duties and Docked Pay
I believe we did just over $500,00 gross last year. We do no interstate commerce (we are a physical store that does not ship out anything, ever. Only in store sales.)
And to be clear about my surgery, my doctor will NOT clear me for any work that requires standing. That is in writing.
Re: Exempt Employee Limited Duties and Docked Pay
Do you PURCHASE from out of state?
It is very, very rare for an employer to be exempt from the FLSA. For that to be the case, you would have to do less that $500,000 worth of business in the year, AND do no interstate commerce whatsoever. It doesn't need to be just your sales. If you buy so much as a pencil from out of state you've engaged in interstate commerce.
Of course, if you did do over $500,000 gross last year, you're subject to the FLSA whether you do any interstate commerce or not.
Contact the US DOL and see what they say.
Re: Exempt Employee Limited Duties and Docked Pay
I bring in goods for Oregon every week. So I suppose we do. I've also double checked the job description he gave me and the parts of my job I won't be able to do, aren't part of it. I do them because I enjoy them and it saves money, but it's a big big stretch to consider it a necessity of my position.
Re: Exempt Employee Limited Duties and Docked Pay
With only 7 employees, the ADA doesn't apply so whether these are or are not essential functions of your position is immaterial. This is a potential violation of the FLSA that has nothing to do with your job duties. The only issue would be if these functions affect your exempt status, because if by chance you are salaried non-exempt the entire answer changes.