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  1. #1
    Join Date
    Feb 2008
    Posts
    5

    Default Exempt Employee In Michigan

    My company requires that department managers work 45 hours a week and doesn't pay overtime, yet if you are out, they dock your pay.

    Is this legal?

  2. #2
    Join Date
    Feb 2008
    Posts
    578

    Default Re: Exempt Employee In Michigan

    If you're out for an entire day, yes, they can dock you. But then you become non-exempt for the entire pay period. And...

    http://www.toolkit.com/small_busines...x?nid=P05_4127

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Exempt Employee In Michigan

    An exempt employee can have their pay docked in the following circumstances (and ONLY the following circumstances):

    1.) If it is the first or last week of employment and you do not work the entire week
    2.) If you are on FMLA
    3.) If the employer offers a reasonable number of paid sick days and you call in sick when you either have used all the days available to you, or when you are not yet eligible for any
    4.) If you voluntarily take a full day off for personal reasons
    5.) If you are suspended for a major safety violation
    6.) If you are suspended for the violation of a written company policy that applies to all employees and which relates to workplace conduct (sexual harassment, workplace violence, drugs/alcohol in the workplace, etc.)

    In the events of reasons 1 & 2, you only have to be paid for the time you actually worked. In the events of reasons 3-6, you can only be docked in full day increments; if you work any part of the day you have to be paid for the entire day. HOWEVER, in all states except California and even sometimes in California, you can LEGALLY be required to use vacation, sick, personal or other paid leave in either full or partial day increments.

    There are NO circumstances whatsoever in which an exempt employee is entitled by law to overtime or to any other compensation over and above their regular salary.

    Note that the above answers are only for exempt employees. The whole situation changes if the employees are non-exempt.

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