A exempt, salaried employee got sick and exceeded the allotted personal/sick/vacation time and required three additional days. How is this handled?
The Fair Labor Standards Act (FLSA) allows employers to reduce a salaried, exempt employee’s pay for a workweek only in the following situations:
• The employee missed one or more full days for personal reasons other than sickness or disability.
• The employee was absent for one or more full days because of sickness or disability and the salary is reduced in accordance with a bona fide illness plan, policy or practice.
• The employee received compensation for serving in the military or on jury duty, and the employee’s regular salary is reduced by that amount.
• The employee broke a major safety rule and the employee’s salary is reduced as a good-faith penalty.
• The employee received an unpaid disciplinary suspension of one or more full days imposed in good faith for infractions of workplace conduct rules.
• The employee did not work some days during the first or last week of employment.
• The employee took leave under the Family and Medical Leave Act.
Since the employee exhausted his paid time off bank but required an additional three days of leave his weekly salary can be appropriately reduced to account for the days not worked if there is an established company policy or practice in doing so or the employee was on a FMLA leave. Keep in mind that improper deductions may cause the employer to lose the FLSA exemption if it’s determined that such deductions occur on a regular basis.
I recently heard of an organization who pays non-exempt employees every 2-weeks. I have not found out if they calculate each week on a dedicated 40-hour basis but issue a check for the total of the 2-weeks or not and am not sure if it matters. It is my understanding that hourly paid workers are required to be paid each week. Can you tell me if there is a way to pay hourly paid people every two weeks vs each week?
Hi Dave! This is very, very common and it is a matter of state, rather than federal law. The majority of states in the U.S. require that hourly (or non-exempt) workers be paid every two weeks. Probably 45% or more of companies pay non-exempt employees every two weeks, rather than every week.
However, to avoid violating the federal overtime law, the FLSA, the employer must still define a payroll week, and must pay overtime when the employee exceeds 40 hours in the payroll week. So the check is issued every 2 weeks, but overtime is based on a single payroll week. This is not at all unusual or unlawful.
If you beleive that you are in a state that requires payment every week, post another question mentioning your state.
Is it legal for others to be sharing the pay rate of others?
It’s legal for employees to share their pay rates with coworkers. In fact, the National Labor Relations Act (NLRA) provides employees the right to make efforts to organize and discuss the terms of their employment, including salary and benefits packages. Further, the NLRA reinforces employee’s rights to discuss payment policies by making it an unfair labor practice to enact policies that prohibit employees from discussing their compensation packages or make any other effort to circumvent the organization and discussion rights. However, employers are permitted to limit their employees from discussing their pay rates during times when they should be working. While employees could freely share their pay information they’re not protected by the NLRA if such information is obtained fraudulently. So, if the Bookkeeper decides to share the Secretary’s pay rate with other staff the Bookkeeper is not covered by the NLRA and should be appropriately disciplined.
I would like to know if you have a California employee shows up for work and then we suspend them, does the state of California require we pay them for 2 or 4 hours for that day?
Unless your workplace has a rule for minimum payment if the employee reports to work, you are only required to pay the employee for the time spent working for an hourly or non-exempt employee. For example, the hourly or non-exempt employee reported to work, ready and willing to work, was called to a meeting that lasted one hour regarding the suspension, it would be” advisable” to pay the employee for one hour of work, but not required because they did not work.
The U.S. Department of Labor states that for an exempt employee an employer is allowed to suspend pay for one or more full days of a suspension. So for an exempt employee, using the same example above, the exempt employee reported to work, ready and willing to work, was called to a meeting for one hour regarding the suspension, then suspended, you would be required to pay the employee for one full day. Any additional full days off for an exempt employee’s suspension you do not need to pay.
California law does not specifically address employees who are suspended other than stating “when an employee leaves employment as a result of a labor dispute, the employer must pay the employee by the next regular pay day.
State of Nevada — Salary compensation — What is the minimum of hours necessary? If the minimum is exceeded is additional compensation from the employer mandated? Time and a half?
The Fair Labor Standards Act (FLSA) does not mandate a minimum number of hours for exempt or nonexempt employees, but rather leaves it up to each employer to determine the work schedules for their own employees. If a salaried nonexempt employee works more than 40 hours in one workweek, he or she must be paid overtime at one and one-half the regular rate of pay for all hours exceeding 40.
Additionally, Nevada employers must pay nonexempt employees overtime for hours worked above 8 in one day, unless the employee is on a regular 10 hour/4 day per week schedule.
Salaried exempt employees are not eligible for additional compensation, regardless of the number of hours or days they work in one workweek.
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