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  1. #1
    Join Date
    Apr 2010
    Location
    Littleton, Colorado
    Posts
    12

    Default Ex-Employer is Trying to Dock My Salary

    I was working for a guy at a bodyshop for about four months and was layed off due to shop being slow. During the pay period before I left, I was out with the flu for two days. I was on salary and I dont think he can dock me those days. Does anyone know how that works?

  2. #2
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: X Boss is Trying to Dock My Salary

    Yes, I know exactly how it works, but I don't have enough information to day whether it was legal or not.

    "Salaried" is merely a pay method. What exactly were your job duties?

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

    Default Re: X Boss is Trying to Dock My Salary

    And, how many, if any, paid sick days does your employer offer?

  4. #4
    Join Date
    Apr 2010
    Location
    Littleton, Colorado
    Posts
    12

    Default Re: X Boss is Trying to Dock My Salary

    general manager

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Ex-Employer is Trying to Dock My Salary

    And the answer to my question is? (It makes a difference. Really.)

  6. #6
    Join Date
    Apr 2010
    Location
    Littleton, Colorado
    Posts
    12

    Default Re: Ex-Employer is Trying to Dock My Salary

    none that i am aware of... you get a week vacation after one year but i was only there around four months

  7. #7
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Ex-Employer is Trying to Dock My Salary

    Generally speaking, if there is no plan for paid sick time of at least 5 days, the employer cannot dock your salary (as a salaried exempt employee) for full days off due to illness or injury. Here are the particulars:

    (2) Deductions from pay may be made for absences of one or more
    full days occasioned by sickness or disability (including work-related
    accidents) if the deduction is made in accordance with a bona fide
    plan, policy or practice of providing compensation for loss of salary
    occasioned by such sickness or disability. The employer is not required
    to pay any portion of the employee's salary for full-day absences for
    which the employee receives compensation under the plan, policy or
    practice. Deductions for such full-day absences also may be made before
    the employee has qualified under the plan, policy or practice, and
    after the employee has exhausted the leave allowance thereunder. Thus,
    for example, if an employer maintains a short-term disability insurance
    plan providing salary replacement for 12 weeks starting on the fourth
    day of absence, the employer may make deductions from pay for the three
    days of absence before the employee qualifies for benefits under the
    plan; for the twelve weeks in which the employee receives salary
    replacement benefits under the plan; and for absences after the
    employee has exhausted the 12 weeks of salary replacement benefits.
    Similarly, an employer may make deductions from pay for absences of one
    or more full days if salary replacement benefits are provided under a
    State disability insurance law or under a State workers' compensation
    law.
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

    Since you were there for less than a year, FMLA is not an issue.

    What state did you work in? There's a reason we ask.

  8. #8
    Join Date
    Apr 2010
    Location
    Littleton, Colorado
    Posts
    12

    Default Re: Ex-Employer is Trying to Dock My Salary

    thank you so much for responding... colorado. I asked the department of labor today when i was following up on my demand of wages complaint and they said that he could. it doesnt seem right because of all of the other times when you put in way more hours than what your payed for.

  9. #9
    Join Date
    Dec 2007
    Posts
    2,357

    Default Re: Ex-Employer is Trying to Dock My Salary

    Either that person didn't have the full story or didn't know the law. File the claim. Your complaint is that, as an exempt employee, your pay was docked for 2 full day absences due to illness and that your employer does not provide sick pay; therefore, the FLSA requires that you be paid.

  10. #10
    Join Date
    Apr 2010
    Location
    Littleton, Colorado
    Posts
    12

    Default Re: Ex-Employer is Trying to Dock My Salary

    oh good!~ thank you so much

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