Human Resource Blog

Docking salaried employees pay

Can a salaried employee in South Carolina have his or her pay docked if they miss time from work due to illness/doctor’s appointments or school? The hours worked are from 8am to 5:30 or 6pm every day 5 days a week. That is a total of almost 50 hours per week. The employees are not paid any overtime and are usually not given enough time between appointments to get our 1 hour lunch.

Since South Carolina has no minimum wage law, this falls under federal jurisdiction. The FLSA, or federal Fair Labor Standards Act would apply. The FLSA applies to companies with more than $500,000 in annual revenue, or to companies that engage in interstate commerce. The interstate commerce provision applies to almost every modern company. That is because, if a company has an internet connection, uses email, makes or accepts long-distance phone calls, or buys from an out-of-state vendor, it is engaged in interstate commerce.

Under FLSA, a salaried exempt employee can be docked if they miss an entire day of work. Their salary cannot be docked if they work part of the day — even if it is only an hour or two. Reducing the employees pay under these circumstances will likely make the employee eligible for overtime when they work more than 40 hours.

For a final decision on this situation, contact the Wage and Hour Division of the US Department of Labor.

Also, if the employer finds that absences for school are not excused, the employer can discipline or fire the worker. But normally, the employer must still pay the employees full salary for any days worked.

The other issues are not relevant. Employees often think, that they have done so much for the employer, the employer should do something for them. Unfortunately, labor law does not work that way. A salaried exempt employee is not entitled to overtime. And, there is no federal or South Carolina law that requires employers to give meal breaks (even 20 minutes) to salaried workers.