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  1. #1

    Default Docking Wages As Punishment

    My question involves employment and labor law for the state of: Florida.

    I am a salaried employee who is exempt from overtime. Our policies state that I am required to work 35 hours per week, although my employer says that we may be fired for not working more than that (regardless of our output). I have never had less hours than 35/week and I average closer to 40.

    I was recently in "trouble" for being behind on some paperwork because I was told to prioritize other things instead. As part of their solution to this, I was docked pay for 3 days and was told that I had to work those days anyways without pay.

    There is one caveat: In the employee manual, it states in one section that as punishment, the emploer can "Request that the employee be suspended without pay for an appropriate duration".

    Does this protect their actions? Is it considered "Suspended without pay" if I am told to work during that time?

    Please help!

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Docking Wages As Punishment

    As an exempt employee, you can be suspended WITH pay for any time period the employer wants,, but you can only be suspended for periods of less than a workweek without pay for either a major safety violation, or for violation of a written company policy which applies to all employees and which relates to workplace conduct, including but not limited to sexual harassment, workplace violence, drugs or alcohol in the workplace, etc.

    That's the good news. The bad news is that if they suspend you for a full work week, they do not have to pay you at all for that week.

    No employee, exempt or non-exempt, can be required to work for no pay.

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