Human Resource Blog

Docking Salary Pay

	Benefits
Total Compensation Summary Performance Improvement Plan Performance Appraisal and Review Employee Payroll Status/Change Form Employee Change Form

	Compensation
Employee Payroll Action Form W-4 Employee Withholding Allowance Cert. Employee Payroll Status/Change Form Direct Deposit Form Total Compensation Summary

I was in the hospital for two days and my employer docked my pay for the days that I was not there. We are required to work 50 hr. but they don’t pay overtime. Are they allowed to dock my pay if I am salary? But not pay when I work over? Also on my check stub it says that my pay is based on 40 hr but they say we have to work 50 to recieve that pay is that right? I am a manager at subway in a gas station owned by [employer name deleted] in Palm Coast Florida……

Both federal and Florida law require an employer to pay an employee when he or she works. But, there is no law that an employer must pay a worker on a day when the employee doesn’t work at all.

Many companies do offer paid sick days, but that benefit is optional. It is not required by any Florida law.

Under the federal FLSA, if a salaried employee worked 1 hour per day, he or she would have to be paid the full day’s salary. However, because the worker in this question did not work at all, no pay is due.

Employers have the right to require that salaried workers put in more than 40 hours per week.  In fact, they could require that a salaried worker put in 70 hours per week.

However, not every employee who is on salary is legitimately exempt from overtime. A number of gas station owners in New Jersey and New York have recently been fined by the U.S. Department of Labor for not paying overtime to workers.

Please check the archives for more information on salaried exempt employees.